{The complaint dated December 9, 2016, is against President Museveni in his capacity as Commander-in-Chief of armed forces, Brig Peter Elwelu, and Assistant Inspector General of Police Asuman Mugenyi.}
A group of MPs from the Rwenzori sub-region have lodged a complaint before the International Criminal Court (ICC), seeking to move the office of the chief prosecutor to commence investigations into the raid on King Charles Mumbere’s palace in which at least 100 people died.
The complaint dated December 9, 2016, is against President Museveni in his capacity as Commander-in-Chief of armed forces, Brig Peter Elwelu, and Assistant Inspector General of Police Asuman Mugenyi.
“Brig Elwelu kept on saying he was acting on the orders of the Commander-in-Chief who is President Museveni, and Deputy Inspector General of Police Asuman Mugenyi, who physically commanded the bloody operation,” Ms Winnie Kiiza, the Leader of Opposition in Parliament, told the media in Kampala yesterday.
Contents of the compliant claim that President Museveni, Brig Elwelu and AIGP Mugenyi were actively in direct command of the joint forces and also reportedly set an ultimatum for the royal guards of King Mumbere to surrender or face fire.
The complaint also states that people who died in the clashes include royal guards, children, and domestic workers at the palace, women and other visitors to the palace. It also lists property reportedly destroyed in the raid as including the coronation house, the kingdom’s regalia, the kingdom’s parliament, the kingdom documents and other cultural items.
Ms Kiiza, who was flanked by other MPs, including Centenary Robert (Kasese Municipality), Nzoghu William (Busongora East), Katusabe Atkins, ( Busongora West), Niwagaba Wilfred, (Ndorwa East), also justified their lodging of the compliant before the ICC and not with Ugandan courts. “The ICC has mandate to complement existing national judicial systems and it is the proper court where national courts are unable to prosecute high ranking criminals..” reads part the petition.
Petition defended
The complaint further reads: “It is the complainant’s contention that there cannot be any credible investigations by the State authorities in Uganda, particularly the State security forces in crimes committed by them and there cannot also be credible proceedings when the government is sitting in its own cause.”
Asked whether individuals can file cases at The Hague-based court, Mr Samuel Muyizzi, the lawyers of the MPs, explained that the Rome Statute allows individuals to file cases before the court as long as they fall under the category of crimes against humanity, war crimes and genocide coupled with evidence to back up their claims. However, ICC stressed that the lodging of the compliant does not mean that investigations into the Kasese clashes have commenced.
Speaking to NTV, the executive director Uganda Media Centre, Mr Ofwono Opondo said: “…such a case should be presented to ICC through the Attorney General and the Solicitor General. Government was rescuing the freedom of Ugandans and the independence of Uganda because there were some people who had created camps and were training people who had started killing police, army and locals.”
Yesterday, senior presidential press secretary Don Wanyama said: “Whatever the President does is constitutional, but for better explanation on the issues to do with ICC, kindly contact the Attorney General.” Attempts to get a comment from the Attorney General, Mr William Byaruhanga, were futile by press time since his known telephone number was unavailable.
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