
Kampla, Uganda | THE INDEPENDENT | The World Crimes Division of the High Court in Kampala has brushed off an utility by city socialite Nasser Nduhukire, popularly continuously known as Don Nasser, through which he sought to nullify his prosecution on allegations of torture and illegal rendition from Kenya to Uganda.
Nasser goes through costs of aggravated trafficking in formative years and defilement. He had petitioned the court docket to hand over the trial, claiming he became as soon as abducted in Nairobi by Ugandan safety agents, tortured, and illegally transported to Uganda.
Nonetheless, in a ruling delivered on Thursday, Justice Dr. Andrew Bashaija, the Head of the World Crimes Division, brushed off the utility for lack of advantage and ordered Nasser to pay lawful costs to the Attorney Identical outdated. Justice Bashaija ruled that the applicant had did now not expose he became as soon as in Kenya on the time of the alleged abduction.
In retaining with legit data from the Ministry of Interior Affairs, Nasser final entered Uganda by project of Entebbe World Airport on October 26, 2023, months sooner than the alleged rendition, which he claimed occurred on September 18, 2024. Even supposing Nasser alleged that he had traveled to Kenya the use of a national identity card, he did now not receive supporting documentation, comparable to an interstate pass or border clearance data.
The have confidence emphasized that below Portion 101 of the Proof Act, the burden of proof lay with the applicant, which he did now not discharge. Nasser had asked the court docket to expose that his lawful to deepest liberty became as soon as violated and that the costs against him had been unconstitutional. He sought compensation and diverse declarations, maintaining the Attorney Identical outdated vicariously accountable for the actions of the Uganda Police.
In affidavits submitted to court docket, Nasser alleged that on the evening of September 18, 2024, he became as soon as abducted from Staroot Apartments in Nairobi by armed males in civilian clothing. He claimed he became as soon as blindfolded, detained in a metal container, tortured—alongside side genital torture—and later transported during the Malaba border into Uganda without lawful design.
He additional alleged that he became as soon as held at diverse police stations, alongside side Kira Boulevard, sooner than being arraigned at Buganda Boulevard Chief Magistrates Court on September 23, 2024. The Attorney Identical outdated, represented by Chief Converse Attorney Joseph Kyomuhendo and Detective Police Constable Ruth Tumwikirize, denied all allegations. They asserted that Nasser became as soon as arrested on Ugandan soil, in Malaba, and now not subjected to any torture.
They also notorious that Nasser had never raised any complaints about torture in court docket and that clinical examinations chanced on him mentally sound and physically unharmed. Justice Bashaija ruled that without evidence of Nasser’s presence in Kenya on the discipline cloth time, the claims of illegal rendition would possibly perchance well well now not stand. “The applicant alleges that he traveled to Kenya the use of his national ID card. Nonetheless, he would now not proffer any proof of his allegation. He ought to occupy adduced evidence comparable to an interstate pass from the border he claims to occupy crossed. The applicant has did now not discharge the burden placed on him below Portion 101 of the Proof Act,” the have confidence ruled.
Justice Bashaija additional held that Nasser’s circumstances operate now not fall interior the scope of Portion 1(c) of the Extradition Act, that methodology that even the points of extradition or rendition operate now not come up on this case. “The utility has no advantage, and the applicant is now not entitled to any of the orders sought,” the have confidence concluded. Nasser remains on trial in Prison Case No. 979 of 2024 sooner than the World Crimes Division. Immigration data presented in court docket exhibit that Nasser final entered Uganda from Nairobi by project of Entebbe World Airport on October 26, 2023.
A letter from the Ministry of Interior Affairs addressed to the Divisional CID Officer and attached to the affidavit of D/PC Tumwikirize confirmed this wander, undermining Nasser’s disclose of being in every other country on the time of the alleged abduction in September 2024. Justice Bashaija notorious that if Nasser became as soon as exterior Uganda after October 2023, it would possibly perchance perchance well well had been an undocumented preserve, which additional discredits the rendition disclose.
The prosecution alleges that Nasser and a co-accused, Promise Ateete—every currently out on bail—committed a series of offenses between Might perchance 3 and Might perchance 27, 2024. The crimes are said to occupy occurred in diverse locations, alongside side Acacia Avenue, Tagore Residing Apartments on Kayunga Boulevard in Kampala, and Kito Zone in Kira Municipality, Wakiso District.
In retaining with prosecutors, Nasser and Ateete recruited, transported, and harboured a 16-yr-feeble lady the use of fraudulent methodology, abuse of vitality, and by exploiting her vulnerability with the intent of sexually exploiting her. The prosecution additional alleges that Nasser defiled the girl and on some events archaic narcotics esteem cocaine to coerce her into sexual acts. The case continues sooner than the World Crimes Division.
***
URN