Before the International Criminal Court

__________________________________________________________

In Connection with
Abuses and Human Rights Violations of
the Government of Uganda and Its Officials in the Election Campaign
for the Presidency of Uganda

—————————————————————————————-

COMPLAINT

—————————————————————————————

BRUCE I. AFRAN
Attorney-at-Law
10 Braeburn Dr.
Princeton, New Jersey 08540
609-454-7435
bruceafran@icloud.com

Counsel for:

Robert Kyagulanyi, MP, a/k/a Bobi Wine;

Amos Katumba, Chairperson Board of Directors, Caring Hearts Uganda;
Francis Zaake, MP

 INTRODUCTION

1. This Complaint is made on behalf of Robert Kyagulanyi, M.P. a/k/a Bobi Wine;

Amos Katumba, Chairperson, Caring Hearts Uganda; Francis Zaake, MP; in connection with the

actions of certain officials of the State of Uganda, including acts of abuse and torture; arbitrary

arrest; mutilation and murder of civilian protestors; arrest and beatings of political figures

including Bobi Wine, a member of the Ugandan Parliament and candidate for the presidency of

Uganda, Francis Zaake, Member of the Uganda Parliament and Amos Katumba, Chairperson of

the Board of Directors of the Caring Hearts Uganda Non Governmental Organization (NGO).

2. This Complaint addresses the following persons and officials of the State of Uganda

as the subjects for the request for investigation and charges:

Yoweri Musevini, President;

Elly Tumwine, Security Minister

Lt. Gen. Peter Elwelu, Commander of Land Forces;

Maj. Gen. James Birungi, Commander of the Special Forces Command;

Maj. Gen. Don William Nabasa, former Commander of the Special Forces
Command;

Maj. Gen. Abel Kandiho, Chief of Military Intelligence;

Maj. Gen. Steven Sabiiti Muzeyi, former Deputy Inspector of General of Police;

Frank Mwesigwa, Commissioner of Police; and

Col. Chris Serunjogi Ddamulira, Director of Crime Intelligence

Emmanuel Bwambale, Amuru District Police Commander

 3. Actions and acts referenced herein arise primarily out of, or in connection with,

the current campaign for the office of President of Uganda, an office currently occupied by

Yoweri Musevini.

4. Bobi Wine, also known by his given name Robert Kyagulanyi, is a Member of the

Parliament of Uganda who has, since at least 2018 been the subject of arrest, beatings, abuse,

attempted murder and other acts in the course of his campaign for President of the Uganda.

He is presently a candidate for the presidency of Uganda under the National Unity Platform

(NUP) party and is considered the leading opposition figure to challenge Yoweri Museveni,

has continually held the office of President since 1986.

5. On November 18, 2020 Wine was arrested by Uganda security forces for

allegedly violating anti-COVID regulations for appearing at a political rally and was charged

with spreading a communicable disease.

6. Until his release on bail two days later, protestors demanding his release were

shot and killed by Uganda police and military personnel, as has been widely reported by

international media.

7. At least 54 protestors were killed under “shoot to kill” orders issued by Security

Minister Elly Tumwine between November 18, 2020 and at least December 10, 2020.

“SHOOT TO KILL” ORDERS ISSUED BY SECURITY MINISTER TUMWINE

8. Minister Tumwine issued the “shoot to kill” orders directed against civilian

demonstrators.

9. Minister Tumwine characterized the orders as directed to protestors who riot but

stated broadly and generally that “police have a right to shoot you and kill you if you reach a
 certain level of violence” without defining the point at which police could use deadly force.

Tumwine stated: "Can I repeat? Police have a right to shoot you and you die for nothing.... do

it at your own risk." See https://www.bbc.com/news/world-africa-55016519

10. No statement of guidelines or regulations has been released by Minister Tumwine

or any agency under his authority governing the “shoot to kill” authority.

11. Minister Tumwine’s “shoot to kill” instruction is part of a regularized pattern and

practice of the Uganda government as shown by the statement of Colonel Felix Abucha, the

deputy commander of the Local Defense Units [LDU] in Kampala. Colonel Abucha publicly

stated in late 2019 that shoot to kill orders would be applied in ordinary cases of law

enforcement, including non-violent offenses such as “stealing”:

“We want a very free Kampala, we want our people to enjoy peace throughout and for us
we are not like the police sincerely speaking; we fire to kill, if you want to steal, you
will die; sincerely speaking we shall kill you. We are here, we shall kill you. Whether
you are our friend, whether you are with us in uniform but we get you stealing, we shall
not spare your life, we shall take your life and that’s the order; people should know that.”

“We have started and you have seen on television. For us we shoot to kill. We are not
breaking people’s legs. We shall shoot to kill; the head and the chest are our target.
If you play around with our Ugandans, we shall kill you. If you prepare to come and
steal at night, you will lay down in your blood…”

Colonel Abucha’s statement was first aired on BBS Terefayina, a Buganda kingdom-owned

television station in the Buganda Kingdom subdivision of Uganda, and reported on January 1,

2020 in The Observer, a Uganda based media outlet. See https://observer.ug/news/headlines/

63062-army-gives-ldus-shoot-to-kill-orders [emphasis added].

 INCITEMENT TO VIOLENCE BY PRESIDENT MUSEVENI AND SECURITY
MINISTER TUMWINE

12. The violence directed at protestors beginning in or about November 18, 2020 is

the product of incitement by Uganda President Museveni and Security Minister Timwie.

13. On August 18, 2020 in a speech given at an on-line conference of Museveni’s

National Resistance Movement, his political party, he stated that protestors would “be

crushed” and that police were expected to assist the government in such actions or would face

incarceration. He stated:

“We are going to crush those criminals. Any policeman who does not discipline these
will go to [indicipherable] [Referring to a Uganda prison]”.

14. By such comments Museveni issued a directive that police who fail to use force

against protestors will be arrested and prosecuted, a direct form of incitement to lawlessness

and violence.

15. At a graduation ceremony on August 22, 2020 for 4,809 new police recruits

Museveni told the recruits that beating of political figures was appropriate and approved by

himself as President.

16. In particular, Museveni referred to the August 2018 beating of Bobi Wine in

custody as correct and appropriate:

“The other day there was a fracas in West Nile where our young friend Bobi Wine was …
fighting with security people and I think they beat him a bit… And then they came and
said, oh, a member of parliament was beaten. Well, I said, OK let me study how he was
beaten. Now when I studied I found the men had beaten properly, in the right way.
[Laughter and applause are heard at this point on the tape].

Musevini’s comments have been publicly recorded at the graduation ceremony an a video file

i s a v a i l a b l e ; h t t p s : / / w w w. d r o p b o x . c o m / s h / t 5 k c i v z 1 j 9 u e k b s /
 AABCok53KOieHnzeWwzOUDwha/News%20Videos?dl=0&preview=BWINE-

FA-00183+2020+Aug+21+Museveni+speech+BW+beaten+properly+in+Arua_UBC.mp4&s

ubfolder_nav_tracking=1.

17. On November 2, 2020 in his acceptance of his National Resistance Movement’s

nomination, Museveni stated openly that his government would use force against political

opponents and protestors:

“They are planning all sorts of stupid things to disrupt the election process. The ones who
want to disturb our peace, don’t try because we shall deal with you. Whoever tries will
regret. Nobody should be intimidated by these crooks. I am already president and want to
come back. The ruling party fought to bring peace in this country. Nobody has more guns
than us.”

See https://pearlradio.co.ke/2020/11/04/uganda-opposition-candidate-arrested-after-presidential-

nomination/ .

18. On November 19, 2020 Museveni threatened protestors again, this time

describing them as being the work of foreigners who do not like “our stability. . . but they will

discover what they are looking for. . .they will soon lose that appetite…whoever started it will

regret…”. See NBS, video, 11-19-20, annexed.

19. In this same video, Musevini describes the Bobi Wine campaign as financed by

foreigners, and, in particular, foreign “homosexuals”.

20. On November 20, 2020 Gen. Elly Tumwine, Uganda Security Minister directly

threatened political protestors:

“We can act in a very short time…those who think they can cause a disruption even if
you take us by surprise as was on the 18th, when we organize we shall put you in your
place.” NTV Video, 11-20-20.
 21. Widespread use of shoot to kill, beatings and other violence have been practiced

by the Uganda police and military since 2018 and, in particular, since the November 18, 2020

arrest of Bobi Wine at a campaign event.

22. In addition, Bobi Wine, in particular, has been subject to multiple arrests and

beatings in connection with his campaign for the presidency of Uganda.

23. These matters are set forth and summarized below and comprise the basis for this

Complaint.

THE NOVEMBER 3, 2020 ARREST AND TORTURE OF BOBI WINE

24. On November 3, 2020 Bobi Wine was arrested, detained and tortured for several

hours after he filed his papers for candidacy at the Election Commission in Kampala.

25. He was pulled out of his vehicle and forced into a police van where he was beaten

and tortured through physical abuse by officers. Mr. Wine was eventually driven to his home

while police remained heavily deployed in the neighborhood. Wine has made the following

public statement concerning the arrest and abuse:

"The torture, the beating took place in the police vehicle where I was detained for close to
three hours.

"They sprayed me with tear gas... hot metal was placed in my hands, I have scars all over,
my whole body hurts.”

These comments were reported by Agent France Presse (AFP). See https://www.barrons.com/

news/uganda-s-bobi-wine-detained-after-filing-presidential-candidacy-01604410207 .
 ATTEMPTED MURDER OF BOBI WINE, UGANDA M.P. FRANCIS ZAAKE AND
THEIR DRIVER AND THE KILLING OF BOBI WINE’S DRIVER YASSIN KAWUMA

Attempted Murder of Bobi Wine on August 13, 2018, the Killing of Yassin Kawuma and
Abuse and Torture of Parliamentarians and Others Arrested

26. On at least two occasions the police or military have attempted to kill Bobi Wine,

in one instance in killing his driver Yassin Kawuma.

27. The first of these occasions occurred on August 13, 2018 when Mr. Wine was with

party colleagues in the town of Arua, in northern Uganda, campaigning to support an

opposition candidate running for parliament in a special election.

28. Uganda Special Forces Command besieged Mr. Wine’s hotel and shot and killed

his driver, Yassin Kawuma who was sitting in passenger seat of Mr. Wine’s vehicle; the

Special Forces Command apparently mistook the driver for Wine.

29. On this occasion the Special Forces Command arrested thirty-four people, including

Mr. Wine, three other members of parliament and the candidate, Kassiano Wadri who

ultimately won the Arua Special Election.

30. Mr. Wine was beaten and tortured while in custody and was unable to walk when

released; he travelled to the United States on crutches for medical treatment. He had numerous

wounds to his ear, was beaten about the face and was unable to stand at his court appearance.

31. Uganda MP Francis Zaake, also present, was not arrested but was brought

unconscious by police to hospital. Earlier, in April 2020, M.P. Zaake had been brutally

assaulted by security forces; see below at ¶¶44-51.

32. MP’s Gerald Karuhanga and Paul Mwiru were severely beaten and a woman,

Night Asura, was beaten with severe damage to internal organs and was bleeding through her
genitals at the court hearing that followed the arrests, as stated by her attorney, Advocate

Medard Lugega Ssegona.

33. Additional parties arrested included Atiku Shaban, Gamba Tumuslime and Jane

Abola who were badly beaten, could not stand and could sit only with extreme difficulty.

34. Atiku Shaban had been so badly abused that he collapsed unconscious in the Gulu

High Court at the arraignment of the 34 “suspects”, as shown in the video of the court hearing,

where he is clearly seen prone and prostrate being carried through the crowded courtroom, his

head bobbing, completely non-responsive. See Video Link at https://www.youtube.com/

watch?v=XPblMXrYoZI. A screen capture of Mr. Shaban being carried from the courtroom

unconscious appears below:

 Attempted Murder of Bobi Wine and Francis Zaake on December 1, 2020

35. On December 1, 2020 Bobi Wine and his campaign associate, MP Zaake were fired

upon by the military on a road in the vicinity of Kayunga while driving toward Jinja, a

campaign destination.

36. Police fired into the windshield, narrowing missing MP Zaake and Mr. Wine’s

driver who were in the front seat of the passenger vehicle.

37. The annexed photographs document the bullet entry points on Mr. Wine’s

campaign vehicle.

38. Exhibit A (below) is a composite photograph along with a Twitter statement from

Mr. Wine confirming the shooting.

39. The first picture in the Exhibit A set, the upper left-hand photograph, depicts Mr.

Wine pointing to the bullet entry in the upper right hand corner of the passenger windshield.
 40. The second image in the set depicts a detail photograph showing the bullet entry

point in the windshield glass immediately to the side of MP Zaake while he is positioned in

the front passenger seat; the entry point demonstrates intent to kill Zaake.

41. The lower left hand image of Exhibit A depicts a second bullet entry point on

what appears to be the wheel frame of the vehicle.

42. The lower right-hand image depicts a destroyed passenger side front tire from a

bullet entry.

43. As the windshield images plainly depicts, the bullet was fired in a manner that

could reasonably have caused the death of M.P. Zaake, appears to have had such intent and

comprises attempted murder.

THE APRIL 19, 2020 ARREST AND TORTURE OF MP ZAAKE

44. On April 19, 2020 police arrested Mr. Zaake, an opposition member of Uganda’s

Pariliament who is well-known as an opposition leader and close supporter of Mr. Wine, at his

Zaake’s home in Mityana, about 70 kilometers north of Kampala.

45. Zaake was arrested as he distributed food to people hard hit by Covid-19

restrictions; police held Zaake at the Special Investigations Unit in Kireka, Kampala, and

initially denied his lawyers and family members access to him.

46. In the attached video, MP Zaake (in red sweater) is shown leaving a police holding

facility in apparent good health on Sunday, April 19, 2020 and walking upright without

difficulty as he is transferred to a police vehicle. https://www.youtube.com/watch?

v=G0Inbs53bcg.1

1Certain videos embedded in this Complaint are linked to a YouTube server and may contain commercial
images that upload prior to the video; the reader can click “Skip” to go directly to the relevant video.
 47. MP Zaake was not taken to court within 48 hours as Ugandan law requires but was

held in an undisclosed facility.

48. Three days later, on April 22, police transferred Zaake to the Iran-Uganda Hospital

in Naguru, where he was treated for an undisclosed condition while remaining in police

custody.

49. MP Paul Mwiru managed to visit Zaake while he was in detention in Kireka and

reported to Human Rights Watch that Zaake could not see and had flesh missing from his

chest: “They had beaten his back. He had a lot of bruises in the face. He would not move,

because they had hit him so badly.” https://www.hrw.org/news/2020/04/28/uganda-

opposition-leader-reported-tortured-police. Three witnesses who saw Zaake in this period also

told Human Rights Watch that he was unable to walk and appeared to have been severely

beaten.

50. Advocate Meddard Sseggona Lubega, Zaake’s lawyer, who visited Zaake in

hospital, saw his injuries and reported that “His legs were swollen, and his head was bruised.”

Advocate Lubega said Zaake told him that soldiers tortured him while he was detained. Id.

51. Police took Zaake before a magistrate’s court in Mityana to be charged on April 27,

more than a week after his arrest. However, MP Zaake’s condition was such that Mityana

Chief Magistrate Mr. Elias Kakooza ordered the authorities to provide medical treatment for

Zaake before hearing his case. Id.

52. Witnesses who were in the courtroom told Human Rights Watch that Zaake was

unable to walk, struggled to breathe, appeared to be in very poor condition and was later

placed on oxygen at Kiruddu hospital where he was admitted under police detention. Id.
 ATTEMPTS ON WINE AND ZAAKE’S LIFE ARE CONSISTENT WITH OTHER
HIGH PROFILE POLITICAL ASSASSINATIONS IN UGANDA

53. On September 8, 2018, three weeks after the attack on Mr. Wine and the killing of

his driver, Yassin Kawuma, Buyende District Police Commander Muhammad Kirumira, a

political supporter of Mr. Wine was assassinated by gunmen on motorcycle near his home in

Bulenga.

54. A female friend, Resty Nalinya, who was with Kirumira in his vehicle, was also

killed.

55. Kiruma’s execution was similar to that of other high-profile individuals including

Arua Municipality MP Ibrahim Abiriga, AIG Andrew Felix Kaweesi and Maj. Muhammad

Kiggundu.

56. Senior Principal State Attorney Joan Kagezi and over a dozen Music clerics were

also killed in the same manner: by assassins on motorcycles.

TORTURE AND ARREST OF AMOS KATUMBA FOLLOWING BOBI WINE’S

AUGUST 2018 ARREST

57. On September 2, 2018, three weeks after Bobi Wine’s arrest in August 2018,

Amos Katumba, another close associate of M.P. Wine, was arrested and brutalized in a

Uganda government torture facility. Katumba’s arrest and abuse occurred less than a week

before the September 8, 2018 assassination of Buyende District Police Commander

Muhammad Kirumira, also a Wine supporter.

58. Katumba has certified the facts concerning his arrest and torture in the

accompanying certification dated December 15, 2020; see annexed document.

 59. Katumba is the Chair of a youth Non-Government Organization (NGO) called

Caring Hearts Uganda created in partnership with Bobi Wine, and Wine’s wife Barbara

Kyagulanyi; Caring Hearts was formed to provide hygienic menstrual health aid to girls too

poor to afford feminine hygiene products and, therefore, be unable to attend school, and also

provides mattresses, blankets and mosquito nets to families who couldn’t afford them.

60. On September 2, 2018, Katumba was confronted at his home by several men in

plain clothes carrying guns demanding that he identify himself; they searched his apartment,

including Caring Hearts Uganda files.

61. The operatives stated that Katumba had been seen in a video on Barbara

Kygulanyi Wine’s Facebook page delivering health products to people on the island of Sowe;

they told Katumba that Caring Hearts Uganda was being used to to funnel money from foreign

countries to financially provide for Bobi Wine’s political future.

62. Katumba was handcuffed, blindfolded, and driven to an unknown facility where

he was taken to a man who identified himself by the pseudonym “Mr. Cool”, who instructed

his men to take Katumba on a tour of the facility.

63. Katumba was taken to a room, his blindfold was removed and he observed a

severely tortured prisoner; Katumba was handed a pistol and told to shoot the prisoner but

when he declined he was kicked in the genitals and immediately lost consciousness.

64. Upon regaining consciousness, Katumba found himself in a dark room and was

taken to a small box that was approximately his size.

65. The box had nails protruding inward; Katumba was forced to stand for about ten

hours in the box in which he could not move without tearing his flesh as a result of the nails.
 66. After ten hours in the box, he was taken to a tank of freezing water and instructed

to stand in the tank with water almost up to his neck. The top of the tank had a metallic

covering which would be lit on firing. Consequently, below his neck Katumba was freezing

and above he was burning. Katumba was forced to remain in the tank for approximately thirty

minutes when he was returned to the dark room.

67. This process of torture was repeated for the four days Katumba remained at the

facility.

68. During this time he was not provided food but on the third day he was asked by a

man watching him if there was anything he wished. Katumba asked the man if he could get

some food because he was starving. The man said he could provide Katumba with chapati

with eggs, a meal known as “rolex” in Uganda.

69. The man left the room and returned with several others, at which point the first

man pulled down Katumba’s pants and threatened to cut off his testicles and use them as eggs

for the “rolex” meal. In this situation, the men were so serious in their manner that Katumba

believed such threat had to be taken seriously. Katumba pleaded and apologized, stating that

he was no longer hungry, at which point the man instructed him to ask no questions and make

no other requests.

70. On the fourth day, following his usual round of torture in the box with nails and

the water tank, the men came back to his room and blindfolded him.

71. Katumba was taken to “Mr. Cool” again who asked how he was doing, to which

Katumba responded not well because he had been severely tortured. In response, "Mr. Cool”

ordered his men to take Katumba on another tour of the facility.

 72. Katumba was taken to another room where he was forced to witness a man getting

his eye brutally gouged.

73. He was taken to a second room where a man had nails protruding from his feet.

74. In a third room Katumba witnessed a man being forced to stand with a brick,

which he estimated to have been around 10 lbs, tied to his testicles.

75. Katumba was taken to a fourth room which had a man, a burning stove, and metal

rods inside; the men stripped the man of his shirt and proceeded to use the heated metal rods

to “tattoo” the man’s back with his name.

76. In the final room, Katumba witnessed a pile of approximately ten dead bodies,

which appeared to have been killed recently.

77. Following this “tour”, Katumba was returned to “Mr. Cool” blindfolded who

asked what he had seen; Katumba was then asked if it was still true that he had been tortured;

Katumba responded by stating that, in comparison to what he had just witnessed, what he had

been through was just a small punishment.

78. “Mr. Cool” then instructed Katumba that he had not been tortured and that if

Katumba declined to work with him, he would be tortured like the others and thrown into the

room of bodies.

79. “Mr. Cool” said that Katumba would work for “Mr. Cool” and President Yoweri

Museveni by being a key witness against Bobi Wine and giving proof that Caring Hearts

Uganda was being used to destabilize President Museveni’s power and that Mr. Wine was

guilty of treason.
 80. On September 5, 2012, after Katumba agreed under duress to such demands, he

was released from the facility. Prior to leaving, “Mr. Cool” asked if he had any personal

belongings that had been confiscated. After responding that he had a belt, watch, and wallet,

Katumba was taken to another individual who told him that his belongings were in a basket.

When Katumba opened the basket, cobras inside sprayed venom into his eyes.

81. Following his release, Katumba called Bobi Wine’s wife Barbara Kyagulanyi

who contacted two lawyers, one of whom picked Katumba up from his home and allowed him

to spend the night at his house. Katumba then moved from hotel to hotel until securing a

United States visa but as a result of publicity attending his arrest, he could not leave Uganda

by normal channels.

82. Ultimately, Amos Katumba fled the country using the Uganda-Kenya border.

83. During his time at the torture facility, Katumba sustained numerous injuries that

continue today including ongoing back, ankle, and achilles problems, as a result of the

beatings he received, and other conditions.

84. Katumba’s mother and siblings still live in Uganda and have been in hiding since

his kidnapping and torture.

85. Katumba presently resides in the United States at an undisclosed location under a

grant of political asylum.

 THE NOVEMBER 18, 2020 ARREST OF BOBI WINE AND GOVERNMENT
SHOOTINGS OF PROTESTERS AND BYSTANDERS

86. Video released on 11-19-20 by Agency France Presse (AFP) beginning at 37

seconds and continuing through the 54 second point depicts Bobi Wine being forcibly arrested

and forced into a personnel carrier. See https://www.dropbox.com/sh/t5kcivz1j9uekbs/

AABCok53KOieHnzeWwzOUDwha/News%20Videos?dl=0&preview=BWINE-

FA-00526_2020+Nov+18+Sixteen+killed+as+riots+rock+Uganda_AFPT_V000_8VJ2VP.mp

4&subfolder_nav_tracking=1 .

87. Following Wine’s arrest, the AFP Video depicts military figures patrolling

Kampala; one is seen loading a machine gun and others are seen firing randomly towards

civilians beginning at 1:10 to 1:24.

88. At 1:40 to the end, the AFP video depicts multiple instances of military figures

firing upon civilians. None of the civilians are depicted as being armed.

89. A CNN Video Report, released November 24, 2020 states that police and military

fired at populated crowds to force their dispersion:

“Witnesses described a chaotic scene with police, the military and plainclothes gunmen
firing rifles in heavily populated areas to try and disperse the protestors.”

90. The CNN report states that a police spokesman whose face was masked at a press

event at the government-owned Uganda Media Center confirmed abusive and excess use of

force against civilians, stating,

“That there were quite a number of incidents where the officers “allegedly conducted
themselves unprofessionally”.

See CNN Video Link, annexed; https://www.dropbox.com/sh/t5kcivz1j9uekbs/

A A B C o k 5 3 K O i e H n z e W w z O U D w h a / N e w s % 2 0 Vi d e o s ? d l = 0 & p r e v i e w = B W I N E -
FA-00534_2020+Nov+24+At+Least+45+Killed+Uganda+Protests_CNN.mp4&subfolder_nav_tr
acking=1 .

91. Hundreds of civilians are believed to have been shot or beaten by police and

military but the exact humber is not known as records have not been released by Uganda.

92. On November 19, 2020, Dr. Joyce Kaducu, State Minister for Primary Health

Care reported that at Mulago Hospital in Kampala 48 gunshot victims were admitted to this

single facility on November 18, 2020, the date of Mr. Wine’s arrest, with 14 more victims

admitted the following morning. It is believed that several hundred persons were injured

between November 18 and 20, 2020 but the government has not released figures.

93. Such use of force has continued throughout Uganda since Mr. Wine’s arrest and

detention.

94. A typical example of the beating of civilians and campaign workers occurred on

December 27, 2020 when campaign worker David Kawooya was beaten by four soldiers with

batons as he attempted to run from a campaign vehicle. A video of Mr. Kawooya’s beating in

t h e s t r e e t a p p e a r s a t h t t p s : / / w w w. d r o p b o x . c o m / s / 5 v g 3 1 g f v k u o r q l l /

VIDEO%20Man%20Beaten%20by%20Soldiers%20-2020%20-12-28-10.mp4?dl=0.

READERS ARE ADVISED THAT THIS VIDEO AND THE LINKS AND

PHOTOGRAPHS THAT FOLLOW ARE GRAPHIC AND DISTURBING.

95. At least 54 people were killed by police and military forces during the protests

following Mr. Wine’s arrest between November 18, 2020 and November 20, 2020.

96. The shooting deaths, beatings, mutilations are discussed below, with embedded

photographs.
 ARREST AND BEATING OF GHETTO TV JOURNALIST ASHIRAF KASIRYE

97. On November 18, 2020 during the arrest of Mr. Wine, Ghetto TV journalist,

Ashiraf Kasirye was left unconscious after being pepper sprayed by police officers during Mr

Kyagulanyi's arrest in Luuka District. A photograph depicting the arrest of Mr. Kasirye in

which he is manhandled by three uniformed soldiers appears below:

Daily Monitor, monitor.org.ug; https://www.monitor.co.ug/uganda/news/national/police-beat-up-

journalists-covering-bobi-wine-campaign-trail-3226432.

98. Mr. Kasirye was again attacked by police on Sunday, December 27, 2020 and was

being taken by the Wine campaign for medical attention when police ran over and killed a

member of Mr. Wine’s security team member, Francis Senteza Kalibala, described below.

Kasirye was shot in the head and is now in intensive care in hospital in Kampala.

THE BEATING OF RADIO JOURNALIST MOSES WAISWA

99. Radio journalist Moses Waiswa, a reporter for Busoga 1-FM radio in the

subdivision of Uganda known as the Kingdom of Busoga, an honorary governmental unit, was

severely wounded and in critical condition after he was beaten by police on December 11,

2020 while covering Bobi Wine’s blocked campaign route outside Lira, Uganda.
 100. Exhibit B is a series of photographs depicting Waiswa receiving triage prior to

being sent to hospital.

EXHIBIT B TO FOLLOW ON NEXT PAGE


 101.Exhibit B-2 below is a photograph of Waiswa showing head and facial injuries while

he is seated in the back of a vehicle prior to being transported to hospital; Mr. Waiswa’s press

pass identifying him as a reporter for Bosugo 1-FM is plainly visible.

EXHIBIT B-2

 BEATING OF OTHER JOURNALISTS ON DECEMBER 11, 2020

102. Other journalists have been reported beaten at the Lira event on December 11,

2020 including Batte Ssesanga of BBS Terefayina, John Cliff Wamala of NTV and David

Tamale of Bukede TV, Jonathan Tusingwire and Richard Kalema of Ghetto media. bhttps://

www.monitor.co.ug/uganda/news/national/police-beat-up-journalists-covering-bobi-wine-

campaign-trail-3226432.

THE KILLING OF BOBI WINE SECURITY PERSONNEL FRANCIS

KALIBALA

103. On Sunday, December 27, 2020 military police ran over and killed Francis

Senteza Kalibala, a member of Bobi Wine’s security staff while Wine's convoy was taking

journalist Ashiraf Kasirye wounded by police to seek medical help.

104. Wine announced the killing of Mr. Kalibala and identified the plate number of the

military vehicle that killed him:

"I regret to announce the murder of my security team member Francis Senteza Kalibala
aka Frank. He was deliberately run over by military-police truck, No. H4DF 2382, which
blocked us in Busega on our way to Rubaga to get Kasirye Ashraf emergency medical
attention.”

Source: Reuters, December 27, 2020 retrieved from: https://ca.news.yahoo.com/ugandas-bobi-

wine-says-bodyguard-170638095.html. A video of the removal of Kalibala’s body at the scene

appears at https://www.dropbox.com/h?preview=VIDEO+Wine+Security+Head+Deceased+-

+2020-12-28.mp4 .

105. On this same date and event, Mr. Wine’s media consultant was shot in the head

and journalist Ashiraf Kasirye was shot in the head, as per the photograph of Kasirye below:


See also https://www.pmldaily.com/news/2020/12/bobi-wine-visits-frail-ghetto-media-

journalist-ashiraf-kasirye-in-hospital.html .

THE KILLING OF THE KAASALA DISTRICT CHAIRMAN

106. In the village of Kaasala, the regional police spokesman acknowledged that a

government official traveling through Kaasala on the way to Kampala fired upon protestors

because they had set up a road block and burned tires:

“There was a government official who was traveling …to Kampala, he had guards, so
when they found the road blocked they tried to clear the road in that process the guy was
shot and died instantly.”

107. A witness in Kaasala, Dr. Denisee Lutwama (phonetic) stated that the killing by

the official was premeditated and without cause:

“It was around 7:30 in the evening that there was a convey of one of the VIP’s …heading
to Kampala. They found some citizens here…in Kaasala demonstrating in a peaceful
way. They had given way, they were on the roadside…and all of a sudden they shoot…
 unfortunately, our chairman was about (30?) meters from the spot and he was caught by
the shot and he’s dead.”

108. The individual killed was the Deputy Chair of the Kaasala community. See

Video, NTV, Nov. 19, 2020, annexed; https://www.dropbox.com/sh/t5kcivz1j9uekbs/

AABCok53KOieHnzeWwzOUDwha/News%20Videos?dl=0&preview=BWINE-

FA-00539_2020+Nov+19+Residents+mourn+bystander+shot+by+police_NTVU.mp4&subfol

der_nav_tracking=1 .

POLICE AND MILITARY SHOOTINGS AND BEATINGS BEGINNING ON

NOVEMBER 18, 2020
109. Police and military fired indiscriminately at protestors and bystanders at protests

beginning November 18, 2020 following Bobi Wine’s arrest, consistent with the government’s

shoot to kill orders; see above at paras. 7-11.

110. The injuries sustained by the wounded all depict the use of blunt instruments on

the head, neck, arms, hands and torso or gunshots, typically presenting with a severe injury on

the head above either the left or right eye, demonstrative of a routine and institutional police

practice of using batons to the victims’ head. The following images and videos are

representative depictions of the beatings and violence inflicted on Uganda civilians by police

and military beginning November 18, 2020.

111. As noted earlier there are believed to be hundreds of persons injured during the

demonstrations and on later occasions at Bobi Wine’s campaign events. Many of the attacks

were accompanied by beatings of civilians, see e.g. video at para. 94, or consisted of random,

indiscriminate shooting by the police and military.

 112. For example, Amos Sesegawa, a senior in Lubiri High School, Buloba, was home

from school due to school closing for COVID 19 and was aiding his mother in her Kampala

shop. At 11 AM on November 19, 2020 his mother closed the shop and walked with her son

to Cornerstone Plaza on the way to their transport home. As gunshots were heard, Amos was

shot and fell to the ground. No ambulance appeared and no police or military officials

rendered aid to Amos who was bleeding heavily and was left unattended. A nearby journalist

placed him on a motor scooter to be driven to hospital where he later died. See Video, NTV,

released November 24, 2020, annexed; https://www.dropbox.com/sh/t5kcivz1j9uekbs/

AABCok53KOieHnzeWwzOUDwha/News%20Videos?dl=0&preview=BWINE-

FA-00540_2020+Nov+24+Mother+grieves+son+shot+in+riots_NTVU.mp4&subfolder_nav_t

racking=1 .

113. A video depicts two male protestors removing themselves to a large metal

locker and closing the door behind and closing a switch plate that would prevent viewing of

the interior.

114. As the video shows, seconds later a soldier in uniform opens the switch plate

from the outside and drops a tear gas or smoke grenade into the locker. Approximately three

seconds later there is an explosion and smoke shoots out of the locker.

115. The soldier then reappears as approximately six occupants emerge as smoke

continues to emit from the locker.

116. All of the occupants appear to be unarmed civilians. They walk out of the

locker with their hands in the air or outspread but the video depicts the soldier repeatedly

beating two of the individuals with a wooden object as they sit on the ground.
 117. After this initial beating, the soldier is shown resuming beating the individuals.

The civilians were unarmed and were demonstrating that they had surrendered at the time of

the beatings. The video appears as the first item on the computer screen on the following

Twitter post: https://mobile.twitter.com/kizzabesigye1/status/1330440056209895425?s=24.

118. Exhibit C below depicts a young man with severe head trauma and injuries

incurred at the protests following Bobi Wine’s November 18, 2020 arrest:

EXHIBIT C TO FOLLOW ON NEXT PAGE

EXHIBIT C
 119. Exhibit D depicts a young woman severely beaten on November 18, 2020 on the

head, face and the left arm and hand:

EXHIBIT D

 120. Exhibit E is an image of a middle-aged man with a severe wound to the head

above the right eye being escorted for medical help; Bobi Wine is in the image escorting the

individual along with other campaign officials.

EXHIBIT E
 121.Exhibit F is an image depicting a severely beaten man lying, apparently dead, in the

street at the protest of November 18, 2020:

EXHIBIT F

 122. Exhibit G is an image of a young man with gunshot wounds on the face, eye and

head, lying prone in the street, apparently dead; the head trauma is consistent with the

institutionalized practice of the Uganda police.

EXHIBIT G

 123. Exhibit H shows a young man, probably below the age of 15, killed with apparent

gunshot entry to the chest and severe gash on the left side of his head, lying in a pool of blood.

EXHIBIT H

 MUTILATION OF DEMONSTRATORS BY POLICE AND MILITARY
PERSONNEL
124. Between November 18, 2020 and November 20, 2020 protestors in support of Mr.

Wine were mutilated by police and military vehicles that ran over individuals causing their

legs and other body parts to be amputated by the impact of the vehicles upon their bodies; in

one instance a woman’s leg was amputated by the indiscriminate firing of a tear gas canister

that landed on her leg. In each case, these individuals were left unattended by police or

military personnel and received treatment, if at all, through the efforts of bystanders.

125. Exhibit I shows a young man whose right leg was ripped off his body leaving a raw

and open stump above the knee.

126.The remnant body part is visible on the ground with protruding bone in the lower

right-hand corner; he is shown conscious and lying unattended in the street.

127.Attached Exhibit J is a detail of the body part described in Exhibit A.

EXHIBIT I and J FOLLOW ON NEXT PAGE

! !

EXHIBIT I EXHIBIT J

 128.Attached Exhibit K is a photograph of a woman at the scene of the protest with her

left foot and ankle approximately 90 percent detached after an attack by police or soldiers.

The victim is alive and video shows she is moving and attempting to cover the destroyed limb.

h t t p s : / / w w w . d r o p b o x . c o m / h ?

preview=VIDEO+Woman+With+Severed+Limb+-2020-11-18.mp4 .

129. The video dated 11-18-20 shows that no assistance from police or other officials

was provided and she lays alone on the street with her several limb in a pool of blood. A still

photograph taken from the video appears below, as Exhibit K:

EXHIBIT K

 130. Attached Exhibits L and L-2 are photographs, taken from video, of a young boy,

approximately 8-12 years of age, with his two feet severed. He is depicted on the ground. A

video, dated 11-18-20, documents that he rises up, attempts to gather his two severed feet back

towards his body, succeeds momentarily in uniting the severed limbs by pulling them toward

his remaining stumps, calls out “Mama” and falls back either exhausted or unconscious. The

video shows no assistance from police or other officials was provided and the victim lays

alone on the street with his severed limbs. It is not known if he lived. See video at https://

w w w. d r o p b o x . c o m / h ? p r e v i e w = V I D E O + Yo u n g + M a n + Wi t h + S e v e r e d + L i m b s + -

+2020-11-18.mp4 .

EXHIBITS L and L-2 FOLLOW ON SUCCEEDING PAGES

!

EXHIBIT L
!

EXHIBIT L-2

 131. Exhibit M is an image of a young man, approximately 14-16 years of age with his

leg mutilated and amputated at the mid-thigh point with the raw stump visible and the severed

leg balancing on his lap between his remaining leg and stump.

EXHIBIT M
 132. On December 12, 2020 Emmanuel Bwambale, Amuru District Police Commander

ordered and directed local police to fire tear gas canisters and live ammunition at crowds

appearing to support Mr. Wine in Elegu, Amuru District.

133. As a result of one such attack, Ms Yasiin Zubeda, 26, a resident of Lorikowo

Village, Elegu Sub-county, Amuru District, lost her left leg when a tear gas canister fired by

police landed on her leg as she was waving at Bobi Wine’s convoy. Ismail Buga, Ms Zerida’s

husband, has stated that doctors told him that the leg has to be amputated.

134. A photograph of Ms. Zerida, Exhibit N, being carried from the scene depicts her

left leg partially dangling in the air, hanging from the remaining limb:

EXHIBIT N
Residents carry Yasiin Zubeda who lost her left leg to a teargas canister in Amuru
District. PHOTO/DAVID LUBOWA, Daily Monitor; https://www.monitor.co.ug/
uganda/news/national/woman-loses-left-leg-as-police-block-bobi-wine-rally-in-
elegu-3225930.
 ARREST AND DETENTION OF UGANDAN LAWYERS

The arrest of Human Rights Lawyer Nicholas Opiyo

135. On December 22, 2020, attorney Nicholas Opiyop, founder and Executive

Director at Chapter Four Uganda, a human rights legal organization, was arrested while

eating in a a Lamaro restaurant in Kamwokya.

136. Opiyo was handcuffed, bundled into a tainted van and driven to an unknown

location.

137. Lawyer Opiyo has been part of the group of the National Unity Platform (NUP)

lawyers investigating individual security officers who were involved in the protests of

November 18 and 19 where dozens of Ugandan were shot to death dead by security operatives

from the police and military following the arrest and detaining of the NUP Presidential

Candidate Bobi Wine.

138. The lawyers were also working to establish where several NUP members are

detained.

139. Opiyo is a world renowned human rights lawyer and in 2017 won the German

Africa Prize.

140. Opiyo represents repressed ethnic minorities and the LGBTQ community in

Uganda.

141. Opiyo had published comments critical of the Museveni government’s November

18, 2020 killing of protestors in the Financial Times on Nov. 19, 2020.
 142. The government has alleged that Opiyo on October 8, 2020 at a branch of Absa

Bank in Kampala, acquired $340,000 in the name of the human rights organization Chapter

Four that the government claims were proceeds of crime.

143. No evidence was presented at the Magistrate’s hearing to support the charges but

Opiyo was remanded to Katalya Prison pending further hearing.

144. Uganda Advocates Herbert Dakasi, Anthony Odur and Esemu Obure had also

been arrested alongside Obiyo.

Other counsel arrested in Uganda

145. On July 7, 2020, at 15:00 hours East African time, Uganda security forces

rounded up and arrested 7 lawyers who were investigating the forceful eviction of over 35,000

people who have been displaced by three multinational organizations, Agilis Partners, Great

Season and Kiryandongo Sugar Limited.

146. The lawyers arrested include Kaijuka Aaron, Christine Marunga, Joan Balyerali,

Brian Tuwayenga, Eric Bajole, Muhindo Morgan and Nafula Elizabeth.

147. The arrests came at a time when the lawyers were preparing their submissions for

the start of cases concerning the ejectments that were soon to be scheduled in the Masindi

High Court.

148. Alongside the arrested lawyers 6 community members who were also arrested

who were being interviewed by the attorneys at the time of arrest.

 BOBI WINE’S ARREST WITH 124 CAMPAIGN STAFF DECEMBER 30, 2020

149. On December 30, 2020, Bobi Wine and his campaign staff and local aides were

arrested on Kalangala Island in Lake Victoria where they were campaign in the nation’s

central region.

150. Police claimed that the arrest was because the campaign appearance violated

Covid regulations.

151. M.P. Wine was transported to his home in Kampala by helicopter and was then

left at his residence surrounded by approximately 200 soldiers and police.

152. At the same time, police arrested 124 campaign staff who were detained for the

next six days before a Kampala court granted bail to 80, leaving 44 still incarcerated. It is not

known if and when the 80 were released.

ARRESTS OF OTHER POLITICAL FIGURES

153. Former Olympic boxer Justin Juuko was arrested on December 12, 2020 and

detained for 19 days in army custody on charges of treason. See https://www.monitor.co.ug/

uganda/news/national/former-boxer-justin-juuko-released-3244322 .

154. Mr Juuko was arrested with a colleague, Mr Garrypaul Mayanja; both were

supporters of the Opposition Forum for Democratic Change that, along with Mr. Wine’s party,

opposes the Museveni regime.

155. They had been arrested by the Chieftaincy of Military Intelligence (CMI) on

charges of treachery under Section 129(C) of the Uganda People’s Defence Force (UPDF) Act

and illegal possession of firearms contrary to Section 3(1) and (2) (a) of the Firearms Act.
 156. The two were accused of allegedly training and mobilising youth from Kyengera,

Kamnengo, Lukaya, Masaka, Kyabakuza and Lyantonde “on how to use martial arts, small

arms (pistol and SMG) and catapults against Ugandans after the January 14, 2021 elections.”

157. No apparent basis existed for these charges and none was offered in court.

158. Their detention appears to have arisen from their role in a political opposition

party.

159. Mr. Juuko and Mr. Mayanja were released after 19 days without any charges

being lodged against them.

CONCLUSION

It is respectfully submitted that the within Complaint establishes a representative basis for

to charge and/or investigate the relevant officials of the State of Uganda as having engaged in

violation of international human rights law, violations of the United Nations Covenant on Civil

and Political Rights and other norms of international law, both customary and by convention.

The Prosecutor is respectfully urged to consider that the above discussion is a brief, but

representative sampling of abuses and violations of law that have taken place in Uganda in the

period 2018 - 2020, but actually extend earlier through to 2009 when repressive and violent

measures began to be used systematically by the Ugandan administration.

Such measures are continuing with the last abuse in the from of the killing of Francis

Kalibala and the shooting of other Wine associates on December 27, 2020 and the detention of

Mr. Wine and 124 of his aides on December 30, 2020.

 The Ugandan courts and prosecutorial system have become the instruments of such

violations and are the vehicle used to arrest and impose detention.

The undersigned counsel is retained to address these issues and serve as liaison with the

ICC and the Prosecutor’s office.

Respectfully submitted,

_________________________
Bruce I. Afran, Counsel for:

Robert Kyagulanyi, MP, aka Bobi Wine;

Amos Katumba, Chair, Caring Hearts Uganda;
Francis Zaake, MP

Dated: January 7, 2020