Mbale is a district in the Eastern part of Uganda. On 5th April, 2009.
Fred Wasukira aka Nabooza Margate - Transgender man and Brian Mpadde,
both residents of Mbale district , were arrested, at the residence of
Fred Wasukira by the local councils and the police of Namakwekwe village
in Mbale district Uganda. The two were arrested for being suspected to be
The two were taken to, Kampala road police station, where they stayed for
one night, thereafter transferring them to Mbale police station.
After 11 days and nights locked up in the cells of Mbale police station
they were taken to court on the 17th of April, they appeared before grade
1 magistrate, Stella Apinyu, and were charged with carnal knowledge
order of nature. An offense which carries a jail sentence of
life imprisonment if convicted. The two pleaded not guilty to this
offense. Case was referred to the chief magistrate for hearing, and the
two were remanded at Maluke prison in Mbale, until the 21st April , 2009.
They appeared in court on the 21st April, 2009 , case was mentioned and
their remand was extended to 4th May 2009. On 4th May, 2009, chief
magistrate agreed to grant the two court bail, however the two did not
have substantial securities, the remand was extended to 20th May, 2009.
On 20th May,2009. Sexual Minorities Uganda – SMUG, organized legal aid and
court bail for the two, however it was difficult to process substantial
documents for Brian Mpadde because his family was uncooperative, who have
also disowned their son. SMUG was able to process court bail for Fred
Wasukira. Brian’s remand was extended to 4th June, 2009. On 4th
2009, the chief magistrate was not in court, case was mentioned and the
two were told to reappear in court on 10th June, 2009. On 10th and 11th
June, 2009, Brian was denied court bail the chief magistrate was not
satisfied with the securities, the remand was extended to 16th June 2009.
On 16th June, 200 9. SMUG successfully, arranged for the court bail of
Brian Mpadde and he was granted court bail. At court on 16th, the police
surgeon brought a medical report according to the examination he had
carried out on the two while in police custody. He claimed he had been
asked to carry out the medical examination on the bodies of Brian and
Fred to find out whether they had scars. His report concluded that they
had pierced ear lobes, they had a sexually transmitted disease -
gonorrhea, and were mentally stable, HIV negative and that he recommends
them for treatment.
Brian and Fred will report back to court
on the 29th July, 2009, for court
hearing. SMUG is monitoring the two, as they receive psycho – social
SMUG has been following up this case; find attached a full narrative case
study. The two men’s rights were violated: invasion of privacy,
being detained in Police custody over the maximum period of time of
48hours as stipulated in the constitution of the Republic of Uganda.
Subjected to torture, degrade and in human ill treatment while in police
and prison custody on suspect of being homosexuals. SMUG has reported
these violations to the Uganda Human Rights commission and we await the