Africa-Press – Uganda. Jailed rebel leader Jamil Mukulu has asked the High Court to nullify the trial against him in regard to charges of terrorism and murder, citing violation of human rights by the government agencies.
Mukulu, the suspected commander of the Allied Democratic Forces (ADF) filed the case jointly with his co-accused Muhamed Matovu and Omar Abdallah Mutuka in the International Crimes Division of the High Court.
He is seeking for the court to declare that his rights in regard to freedom from torture, cruel, inhuman and degrading treatment or punishment, right to fair, speedy and public hearing, as well as personal liberty were violated and as such the cases against him ought to be quashed.
Mukulu and his co-accused were formally charged with 20 charges including terrorism, murder, aggravated robbery, aiding and abetting terrorism, crimes against humanity, attempted murder and belonging to a terrorist organization.
Mukulu and his co-accused currently in prison are also seeking court orders directing the Attorney General and a Senior Superintendent of Police, Francis Olugu to jointly compensate them for the damages for the rights violations and legal costs incurred.
Through their lawyers, Mukulu, Matovu and Mutuka allege that during the confirmation proceedings, they were constrained by being in prison, and raised the issues of violations but their complaints were never followed.
It is alleged that it is unfair and unconstitutional to charge and try the three accused persons when the charges are not the ones in the Tanzania extradition order dated June 2015 and that it amounts to an infringement on their rights and freedoms.
“The applicants suffered physical pain, inconvenience, embarrassment, mental stress and emotional torture in the hands of the respondents and thus the applicants require treatment and rehabilitation for which they are entitled to compensation from the respondent,” reads the court document.
Mukulu states that he was forced to eat roasted pieces of pork and beer while in the police cells yet his tormentors knew that he is a Muslim
According to the indictment, Mukulu is the leader of the ADF and Salaf Muslim community in Uganda who would give orders to his 37 co-suspects to commit murders and robberies in various districts like Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale and Budaka among others.
Mukulu is also indicted for the murder of two sheikhs; Dakitoor Muwaya and Yunus Abubakar Mandanga in Mayuge and Bugiri districts respectively. He is further charged with the murder of two police officers Muzamir Babale and Karim Tenywa from Bugiri police station.
The group is further said to have robbed guns, ammunition, a gold weighing machine, and millions of monies and attempted to take away the lives of many people.
Prosecution led by Assistant DPP Lino Aguzu contends that Mukulu and the group committed these offences for either a social, political, economic or religious aim in order to cause fear and panic among the members of the public and government at large.