KAMPALA- Report Of The Committee On Human Rights On The Visit To Luzira Maximum Prison To Assess The Prison Conditions Of Col.(Rtd Dr. Kiiza Besigye And Hajji Obeid Lutale Kamulegeya.
Parliament during the 4th Sitting of the 3rd Meeting of the 4th Session of the 11th Parliament of Uganda held on Thursday 23’d January 2025, directed the Committee on Human Rights to visit Luzira Maximum Security prison to assess the Prison conditions under which Col. (Rtd.) Dr. Kiiza Besigye and Hajji Obeid Lutale Kamulegeya are detained.
On Friday, 24th January, 2025, Members on the Human Rights Committee, accompanied by Officials from the Uganda Human Rights Commission and the Counsel to the Prisoners, visited Luzira Maximum Security prison and held a meeting with the Prisoners as per the directive of the House.
The following Members represented the Committee;
1. Hon Fox Odoi- Oyelowo Chairperson
2. Hon Mbabazi Janepher Kyomuhendo Deputy Chairperson
3. Hon Asuman Basalirwa
4. Hon Rose Obigah
5. Hon Kahunde Hellen
6. Hon Jonathan Odur
7. Hon Okello Joseph Charles
8. Hon David Stephen Mugole
9. Hon Francis Mwijukye Buhweju County
10. Hon Godfrey Wakoli
11. Hon. Dr. Rutahigwa Erisa Rukungiri Municipality
12. Hon. Derrick Nyeko
13. Hon. Zaake Francis Mityana Municipality
14. Hon. Batuwa Timothy
15. Hon Wakuli James
16. Hon David Aga Isabirye
The objective of the Field Visit was to visit Col. (Rtd.) Dr. Kiiza Besigye and Hajji Obeid Lutale Kamulegeya and establish their detention conditions and to assess the Human Rights conditions of Luzira Maximum Security Prison.
While at Luzira the committee conducted a tour of Luzira Maximum Security prison, held a meeting with the Regional Prisons Commander for Kampala Extra and the Officer in Charge of Luzira Maximum Security prison.
Furthermore the committee interacted with col. (Rtd) Dr. Kiiza Besigre and Hajji obeid Lutale Kamulegeya, where they held meetings with the Hon. Attorney General and the Uganda Prisons.
The committee received a written submission from the Uganda Human Rights Commission and also reviewed the Standard Minimum Rules for the Treatment of prisoners (Offenders).
Findings
This section of the report presents the findings of the Committee through the aforementioned methodology.
4.1 Visit to Luzira Maximum Security Prison to assess the physical Condition of the Prison. The committee visited the Prison and interacted with the prisoners who raised the following issues.
4.1.1 Dr. Besigye’s Personal Issues in Prison
Col. (Rtd) Dr. Kiiza Besigye informed the committee that he feels safer in Luzira Prison compared to other detention facilities. He commended the prison authorities for their professionalism and for ensuring that inmates’ rights are upheld and protected. He also added that the Prison Doctors visit him on a daily basis and he is allowed to see his personal doctor whenever the need arises.
Dr. Besigye noted that he has access to adequate food, with three authorized suppliers providing his needs. Similarly, his co-accused, Hajji Obeid Lutale, has three authorized suppliers providing his provisions. They cook their own meals for security reasons.
It should be noted that whereas the Uganda Prisons service provides three meals a day for the other prisoners, Dr. Besigye informed the Committee that he refused to eat the food provided by the Prison for fear of being poisoned.
He acknowledged significant improvements in the prison’s conditions over the years. Systems have been computerized, and the facility is better maintained than it used to be. He further confirmed that there had been a remarkable improvement between 2016 and the present day with the prison currently fitted with running water, waterborne toilets, the abolition of the bucket system in Luzira Maximum Security Prison and a fresh coat of paint had been applied to the walls, which are all commendable developments.
Dr. Besigye, however, highlighted some personal concerns;
i. He is detained in a highly restricted section, which he described as a prison within a prison,” requiring passage through five gates to reach his cell. He expressed fear for his safety, particularly as he is held alone in a cell with a toilet and shower, within the North Wing which accommodates a total of 18 Prisoners.
ii. He shared concerns about unexplained late-night activities in the prison, such as padlocks being opened and closed without anyone entering his cell. He fears being poisoned or harmed in such an environment.
iii. Dr. Besigye lamented that he is not allowed to interact with fellow inmates, and the rules applied to him are more restrictive than those applied to other prisoners.
iv’ He is not allowed to attend prayers with other inmates in the prayer houses within the prison.
Observations and Recommendations
Food for Prisoners- The Committee observed that the food provided by Uganda Prisons Service to the Prisoners lack variety and do not meet the minimum standards of a balanced diet as provided for in the law on account of the limited budget provision. To mitigate this, the Commissioner General informed the Committee that the Uganda Prisons Service allows inmates access to their own non-cooked food supplies from external sources.
Government should provide inadequate funding to the Uganda prisons Service to exploit the Prison Farms for purposes of producing food, crops for the provision of nutrition for prisoners.
Conditions of Detention
The committee observed that interventions have been instituted to improve the living conditions of the Prisoners in Luzira Maximum Security prison as confirmed by Col. (Rtd.) Dr. Kiiza Besigre who stated that there had been a remarkable improvement between 2016 and the present day. The reports of running water, waterborne toilets, the abolition of the bucket system in Luzira Maximum Security Prison and the fresh coat of paint are all commendable.
The Committee recommends that the bucket system, as far as possible, should be eliminated, from all prison facilities in the country. Government should increase Funding to the Uganda prisons Service to facilitate the construction of waterborne facilities in all prisons in the country.
A MINORITY REPORI ON IHE REPORT OF THE COMMITTEE ON
HUMAN RIGHTS JANUARY, 2025
INTRODUCTION
Rt. Hon speaker, I move under Rule 205 of our rules of procedure to present Minority Report on the Committee on Human Rights. Madam Speaker and colleagues, on behalf of Members of the Committee who have appended their signatures on to this Minority Report, I would like to make Mention from the onset a lot we appreciate your directive to allow the Committee to pay or visit Rtd Col Dr. Kizzo Besigye in Luzira prison. However, some of the colleagues and myself dissented on a couple of areas highlighted below;
AREAS OF DISSENT
FEAR OF BEING KILLED IN PRISON
The Committee was informed by Dr. Kiiza Besigye is in fear of being killed in Prison through poisoning. His biggest fear is that the State being the Component, Persecutor and has the command and control over the Prisons.
The Commissioner General of Prisons confirmed knowledge of the fears of Dr. Besigye stated that it has put the prisons Authorities in a precarious situation having a prisoner under them who fears being killed by them.
DENYING ADVOCATES ACESS TO BESIGYE
Committee was informed that Counsel Lukwago Elias; Advocate to Rtd. Col. Dr.
Kizza Besigye was denied access to his client on a critical day, when Court Martial was sitting the next day. The Commissioner General of prisons confirmed issuing orders to deny Counsel Lukwago since Members of Parliament were also visiting Dr. Besigye on the same day.
RECOMMENDATIONS
The Minority report recommends that Parliament takes keen interest into the fears of Rtd. Col. Dr. Kizza Besigye of being killed in prison.
The Minority report recommends that the trial of Rtd. Col. Dr. Kiiza Besigye and subsequent detention in Luzira be terminated and only trial be held in the civilian court.
