Stop Unlawful Detentions

UGANDA - 18 September 2008: Turmoil has erupted once again in Uganda as police clamp down on homosexuals in that country, which started this Monday 15 September.

Two men have already been arrested and charged with ‘recruitment of homosexuals', something which, according to Human Rights Watch, is not even a legislation in Uganda's laws.

Many members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community are in hiding avoiding detention as it is believed police are in possession of a list of about 40 people said to be homosexuals in that country.

Controversy began when two men, who identified themselves as Police, but not in uniform, budged into the home of Oundo George and arrested him together with his friend only known as Kiiza last week.

The two were taken to Nalukologolo Police Post after Oundo's house was searched and LGBTI literature was found and confiscated.

They were then transferred to Nabweru Police Post and have not been brought before court despite Uganda's constitution which prescribes that a person can only remain in custody for a maximum of 48 hours.

Fear and panic has struck the LGBTI community in Uganda and according to a source, known to Behind The Mask, many LGBTI people in Uganda are presently in hiding.

David Kato, board member of Sexual Minority Uganda (SMUG), Victor Mukasa and Kasha Jacqueline are allegedly the most wanted as they are said to be LGBTI leaders in the area.

"No arrests have been made since Monday but I heard that the police came to my home looking for me. Fortunately we had informed all LGBTI people to vacate their homes. So we are presently in hiding", the source said.

The source added that the LGBTI community is under much distress in Uganda as police allegedly said they were not going to release the two men in custody until they arrest everyone who is listed.

Human Rights Watch (HRW) strongly condemned the arrests and detention of the two men stating that they are a violation of human rights.

HRW proclaimed that, referring to the arrests, Uganda is infringing some treaties signed such as the International Covenant for the Protection of Civil and Political Rights which protects people against discrimination.

"Police are clearly violating these people's rights by keeping them in custody for more than 48 hours. Uganda is obliged to respect the provisions on equality and freedom from discrimination enshrined in its constitution", Juliano Cano Nieto of HRW divulged.

She added that violence and harassment against LBGT people in Uganda remains rampant with people constantly in danger of being detained and ill treated by the police.

"The Ugandan government should end police harassment against this community and send a clear message that people should not be prosecuted on the grounds of their sexual orientation and gender identity", she warned.

HRW furthermore called upon Ugandan authorities in Kampala to cease these ‘unlawful' detentions grounded on people's sexual orientation and gender. The international organisation again insists that the detainees are not ill-treated while in custody, and medical care is provided.

Attempts to get comment from the Ugandan police have been unsuccessful.