Report on suspected gay men arrested in Mbale- Uganda

Mbale report



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

homosexuals.

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

against the
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
June,

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

support.



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

follow up.