For many years, Rwandan refugees in Uganda have faced abuses, including arbitrary detention, forced return to Rwanda and attacks on their physical security, without any form of accountability. However, last Friday, 24 August, former Inspector-General of the Ugandan police, General Kale Kayihura, has been charged with aiding and abetting the kidnapping and repatriation of Rwandan refugees, amongst other charges. In October last year, other security officers had already been arrested and indicted under similar charges. Is it finally time for justice?
The case of Joel Mutabazi
Kayihura is accused of aiding and abetting the kidnapping of Rwandan refugees Joel Mutabazi, Jackson Karemera and Innocent Kalisa by Ugandan police officers. Six Ugandan police officers, one Rwandan security officer and one Congolese individual are on trial for their involvement in the abduction and forced return of Mutabazi. A senior police who had been arrested earlier in connection to this case has since been released.
Joel Mutabazi, a former bodyguard of Rwandan President, Paul Kagame, had been arrested in April 2010 in Rwanda and detained and tortured in military custody for his suspected links with opposition groups. After he was released in October 2011, Mutabazi fled to Uganda, where he was granted refugee status. In 2013, he was abducted from a UNHCR safe house near Uganda’s capital Kampala, and taken back to Rwanda. Mutabazi’s whereabouts were unknown for several days, until the Rwandan police stated that he was in their custody. UNHCR, which failed to protect Mutabazi, expressed its concern over the breach of the principle of non-refoulement and called for accountability.
In 2014, a Rwandan military court sentenced Mutabazi to life in prison, including for forming an armed group and for terrorism. His younger brother, Jackson Karemera, and another co-accused, Innocent Kalisa, also lived in Uganda before the trial and were themselves abducted back to Rwanda. They were sentenced respectively to four months and 25 years in prison. Karemera was rearrested after his release, his family hasn’t heard from him since. All three said during the trial they had been tortured in detention in Rwanda, but the court did not order an investigation into those allegations.
Abuses against Rwandan refugees
The illegal transfer of Mutabazi and his co-accused to Rwanda was not an isolated case. Over the years, including more recently, International Refugee Rights Initiative (IRRI) has received several reports about threats, illegal arrests, attacks and forced returns of Rwandan refugees in Uganda. Many of such cases remain unreported, given the secrecy surrounding such abuses and the fear of reprisals, and are difficult to confirm. A few examples include:
In July 2010, Rwandan refugees were forcibly removed en masse from refugee settlements in south-western Uganda to Rwanda. Ugandan police officers used live rounds, wounding several in the process, to force refugees onto buses which dropped them in Rwanda.
In November 2011, Charles Ingabire, a Rwandan journalist, was murdered when he left a bar in Kampala. He was a fierce government critic who had obtained refugee status in Uganda. An investigation was opened, but to date, nobody has been charged for involvement in this crime.
In 2017, according to judicial documents, a Rwandan refugee was illegally detained for almost two months in Kireka police station in Kampala, and threatened with return to Rwanda, on the basis of his alleged involvement in the Rwandan genocide in 1994. Rwanda and Uganda do not have an extradition treaty. He was never charged and was eventually released.
Multiple sources confirmed to IRRI that on 20 December 2017, five Rwandan nationals were arrested in Mbarara, and one in Kampala. They were detained incommunicado for several days and allegedly tortured. Five of them were driven to the border with Rwanda nine days later and deported. According to Uganda’s army spokesperson, one was not deported because of her refugee status, and remained in incommunicado detention.
In addition to abuses against refugees, there have been several allegations, in the past year, of abuses against Rwandan nationals residing in Uganda. According to several sources, two Rwandan citizens were arrested in Uganda, respectively on 9 November 2017 and 3 January 2018, and detained incommunicado before being sent back to Rwanda. The first says he was tortured, which was confirmed to IRRI by a source knowledgeable about the case on 24 January 2018: “He was beaten up and tortured… and dumped at the border with Rwanda. He couldn’t walk and barely could talk.” The other man also reported to the media that he was tortured before being taken to the border with Rwanda.
For none of these cases has there been any apparent effort to provide meaningful accountability. Other reports have been difficult to verify, but as a consequence of such events, Rwandan refugees in Uganda continue to fear for their safety. Rwanda and Uganda have had close but turbulent bilateral relations in recent years, and many connections remain between individuals within the countries security services. There have, however, been reports that relations between the two countries have deteriorated.
Many interpreted the decision by Uganda, in early 2018, not to invoke a cessation clause against the more than 15,000 Rwandan refugees still currently living in Uganda as an illustration of this dynamic. This cessation clause, if invoked, would have forced refugees who fled Rwanda before 31 December 1998 to return to Rwanda, reapply for refugee protection or acquire citizenship in their country of exile. Seven countries have already begun implementing the cessation clause.
Concerns about right to a fair trial
While the arrested officers have themselves been accused of involvement in human rights violations, their own right to a fair trial and lawful detention seemed to have also been in jeopardy since their arrest. The arrest of General Kale Kayihura seems to have violated legal provisions on judicial review and detention terms. According to judicial documents and interviews with several people knowledgeable of the case, at least one of the accused in the trial against senior police officials has been detained incommunicado and tortured, in an attempt to extract testimony against other senior figures. Court documents show that the court told a bail applicant to edit out details of torture, but on 31 January 2018 a judge ordered an investigation into torture allegations. There have also been concerns about the prosecution of civilian suspects in a military court, a common practice in Uganda, and about settling scores within the security apparatus.
These trials against former senior Ugandan security officials could send a welcome signal to Rwandan refugees that abuses against them will be no longer tolerated. But justice can only be done if arrests and trials are conducted in accordance with standards in Ugandan and international law. More efforts must be done to end ongoing abuses against Rwandan refugees, and bring all perpetrators to account.