The High Court’s International Crimes Division has dismissed an application by jailed suspected Allied Democratic Forces (ADF) commander Jamilu Alirabaki Mukulu Kyagulanyi, who sought release on grounds that his fundamental rights were violated during arrest and extradition.
A panel of four justices comprising Susan Okalany, Michael Elubu, Stephen Mubiru, and Dr. Andrew Bashaija on Monday ruled against releasing Mukulu and his co-accused Muhammad Matovu and Omar Abdallah Mutuka.
The trio had jointly challenged their extradition from Tanzania, arguing that the charges they face in Uganda, particularly terrorism and robbery, were not part of the original extradition terms.
They claimed the extradition agreement only referenced murder. They also alleged torture and unlawful detention during and after their arrest.
Mukulu, who was arrested in 2015 in Tanzania and later extradited to Uganda, faces multiple charges including terrorism, murder, attempted murder, aggravated robbery, and membership in a terrorist organization.
Prosecutors describe him as the leader of the ADF and the Salaf Muslim community.
He is accused of commanding 37 co-accused individuals in orchestrating killings and robberies across Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale, and Budaka districts.
He is also accused of masterminding the murders of Sheikh Dakitoor Muwaya and Sheikh Yunus Abubakar Mandanga in Mayuge and Bugiri, along with the killing of police officers Muzamir Babale and Karim Tenywa at Bugiri Police Station.
Authorities further claim that his group stole firearms, ammunition, a gold-weighing machine, and large sums of money in a campaign aimed at spreading political, religious, and economic fear.
Through his lawyer Medard Ssegona, Mukulu objected to the inclusion of terrorism and robbery charges, saying they breached the terms of the extradition treaty.
He further alleged mistreatment including beatings and being forced to eat pork, as well as violations of his right to property and a fair trial. He claimed that USD 38,000 and a personal camera were unlawfully seized from him.
However, the court ruled that the torture claims, which were raised only in 2018, lacked credibility due to the delay. It also found insufficient evidence to prove ownership of the seized property.
The panel noted that delays in the trial process were mainly caused by the COVID-19 pandemic and ongoing investigations.
The court acknowledged that Mukulu and his co-accused were held in custody beyond the legal 48-hour limit, detained illegally for a year at the now-defunct Nalufenya facility, and publicly paraded by the former Inspector General of Police Kale Kayihura.
These acts were found to have violated their right to the presumption of innocence.
Despite recognizing these rights violations, the justices ruled that they were not serious enough to justify stopping the trial.
Accordingly, the court dismissed Mukulu’s application and confirmed that the trial will go ahead. Court summons will be issued for Mukulu and his co-accused to return for trial. In the meantime, they remain on remand at Luzira Prison.
The accused were arrested between 2014 and 2015 in different locations across Uganda and Tanzania. Some of the charges they face date back to 1998, including the notorious ADF attack on Kichwamba Technical Institute in which more than 80 students were killed.
In September 2019, pretrial judge Eva Luswata committed the group to stand trial, but proceedings have since stalled and the trial is yet to begin.
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