Further, Musota told court that when he was on his way to court , he received a call from an official from ISO who said that their Preliminary investigations show that Rutabana is not in their custody as well.
General has asked for more time to consult security heads on whether or not Rwandan
national, Benjamine Rutabana is locked up in any Ugandan facility. The Attorney
General’s representative, Brian Musota made the request while appearing before
Justice Esta Nambayo in the High Court Civil Division on Thursday.
explained that he served security heads Rutabana’s production warrant and was
still awaiting their responses. Justice Nambayo
issued the production
warrant on February 19th 2020 against the Attorney
General, the Director of Chieftaincy of Military Intelligence- CMI, Director
Internal Security Organization-ISO, Inspector General of Police, Director
Criminal Investigations Directorate-CID and the Commandant Special
told court that he received responses from the Legal Director Uganda People’s
Defense Forces –UPDF, Brigadier General Asingura Kagoro and SIB Commandant,
Elly Womanya, indicating that Rutabana isn’t in their custody. He also
disclosed that he had received a phone call from an ISO official on his way to court
indicating that isn’t in their custody.
He asked for more time
to consult the IGP, CMI and CID Directors on the
matter before court decides on the next course of action. However, Dr. David
Mushabe, who filed the application for a production warrant on behalf of
Rutabana's family, rejected the response from Brigadier General Kagoro, saying he
can’t speak on behalf of UPDF because the court orders were issued against
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is said to have been picked up plain clothed security operatives who claimed to
be from ISO and CMI on September 8th, 2019. They reportedly took him to Mbuya
CMI Headquarters before transferring him to ISO. In his February 12,
2020 application, Dr. Mushabe claims Rutabana,
who is a French citizen of Rwandan descent, has been in illegal detention since
his arrest and his whereabouts are unknown.
In affidavit sworn by Kenneth
Munungu, one of Rutabana’s lawyers says his family wrote to the French Embassy
and Foreign Affairs Minister, Sam Kuteesa on October 28, 2019 calling for their
intervention for the release of their client in vain. Munungu says Rutabana has
been in illegal detention for five months in violation of the Constitutional
limit of 48 hours without prosecution.
says that their client has no criminal record to warrant such detention, adding
that Rutabana is innocent and ready to answer any charges levied against him
once produced in court. Rutabana is said to have landed at Entebbe
International Airport on September 4th, 2019 from Brussels in Belgium
but there is no record showing him exiting Uganda.
Rwandan media describes
Rutabana as an active member of Rwanda National Congress, which is
led by Lt. General Kayumba Nyamwasa, the former Chief of Staff of the
Rwanda Patriotic Forces-RPF.