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Six community land rights defenders have been set free after spending three years on remand without trial on murder charges.

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By Witness Radio – Team

The Director of Public Prosecution (DPP) Ms. Jane Francis Abodo has withdrawn murder charges against six land rights defenders who were arrested, charged, and sent to prison in 2019. 

On Friday, the 24th of June, 2022, Mubende Grade one Magistrate Her Worship Atim Harriet Okello signed a release order to free the six defenders who have been on remand without trial.

Tumusiime Benjamin, Bagirana Innocent, Habana Domoro, Miyingo Gerald, Byangaramani Charles, and Byekwaso Fred were arrested in February 2019 by armed policemen attached to Mubende police on orders of one Naava Milly Namutebi. They were accused of empowering the community to resist forced evictions. 

The defenders were fighting to stop forced eviction on land measuring 3.5 square miles covering villages namely; Kirwanyi central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district.

The current update on the grabbed land indicates that it’s still raw land.

The defenders’ imprisonment was intended to eliminate them after they were framed for having killed one Mbabazi Samuel who was a casual laborer to a self-claimed landlord Naava Milly Namutebi.  

One of the imprisoned defenders Tumusiime Benjamin narrated that before they were detained on murder charges, Mubende police had earlier arrested and charged them with aggravated robbery, a case that was also land-related, and released them on police bond.

On March, 2nd, 2019 while reporting on bond, they were instead re-arrested taken to Mubende magistrate court to be charged with murder, and remanded to Kaweeri Prison. 

“One day while we were being taken to court for our case mention, a prison officer told us we don’t deserve to be free since we are killers, but some of us even did not know the worker they accused us of killing”, Tumusiime narrated. 

Tumusiime further narrated that after six months on remand, they were taken back to the same court, which committed them to the High court to be tried, and later, remanded to different prisons which include Muyinaina, Kaweeri, and Kitalya respectively, adding that they had never been brought back to court until their release.

“As soon as we were eliminated (arrested and imprisoned), Naava found ease in grabbing more land because the community was left in cold upon learning about our arrest and imprisonment. She deployed the army and private security guards that have been protecting the grabbed land.” Tumusiime added. 

Such tactics of weakening land rights defenders through abusive criminal charges are on the rise in Uganda. Not only in the Mubende district where such abusive charges are used to silence defenders but also in other areas that experience rampant land grabs namely; Kiryandongo, Kayunga, Hoima, Buliisa, Moroto, and other districts in Uganda.

“Take notice that government of Uganda intends to discontinue proceedings against 6 charged with murder” A legal notice seen by Witness Radio – Uganda and signed by the DPP on the 22nd of May 2022 reads in part

Since 2012, Naava with support from a senior officer of Uganda People Defense Forces Major Eric Kigamboha have displaced over 4000 people from their land without a court order and continues to perpetrate violence against families that are still staying on the land.

“We used to sleep in the bush to avoid being attacked at night by armed gangs employed by Naava. People were beaten, arbitrarily arrested, and accused of trumped-up charges. Since then, some have been forced to vacate the land for fear of their lives.” Mr. Ssesazi Christopher another defender told Witness Radio – Uganda.

Whereas Benjamin and others were released, their lives remain distorted, their land was grabbed by Naava and they now depend on well-wishers for their survival. “My family separated. I had two wives and 20 children but all separated looking for their means of survival. My children stopped going to school and the girls were married because ideally, they had nothing to feed on or where to go. In addition to that, all 40 acres of my land were grabbed. I remained with only my little house,” Benjamin revealed.

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