Update on the Mbale Case

Remember the guys who were followed home after they were thought to be gay?

Well, here is an update on what has been happening to them, all these days. Imagine this saga just because you have been suspected to be gay! It is not very nice.

30th June. 2009
Uganda LGBTI Cases:
Mbale report

Mbale is a district in the Eastern part of Uganda. On 5th April, 2009.Fred Wasukira aka Nabooza Margate - Transgender man and Brian Mpadde, both residents of Mbale district , were arrested, at the residence of Fred Wasukira by the local councils and the police of Namakwekwe village in Mbale district Uganda. The two were arrested for being suspected to be homosexuals. The two were taken to, police station, where they stayed for one night, thereafter transferring them to Mbale police station. After 11 days and nights locked up in the cells of Mbale police station they were taken to court on the 17th of April, they appeared before grade1 magistrate, Stella Apinyu, and were charged with carnal knowledge against the order of nature. An offense which carries a jail sentence of life imprisonment if convicted. The two pleaded not guilty to this offense. Case was referred to the chief magistrate for hearing, and the two were remanded at Maluke prison in Mbale, until the 21st April , 2009.

They appeared in court on the 21st April, 2009 , case was mentioned and their remand was extended to 4th May 2009. On 4th May, 2009, chief magistrate agreed to grant the two court bail, however the two did not have substantial securities, the remand was extended to 20th May, 2009.On 20th May,2009. Sexual Minorities Uganda – SMUG, organized legal aid and court bail for the two, however it was difficult to process substantial documents for Brian Mpadde because his family was uncooperative, who have also disowned their son. SMUG was able to process court bail for Fred Wasukira.

Brian’s remand was extended to 4th June, 2009. On 4th June,2009, the chief magistrate was not in court, case was mentioned and the two were told to reappear in court on 10th June, 2009. On 10th and 11th June, 2009, Brian was denied court bail the chief magistrate was not satisfied with the securities, the remand was extended to 16th June 2009.On 16th June, 200 9. SMUG successfully, arranged for the court bail of Brian Mpadde and he was granted court bail. At court on 16th, the police surgeon brought a medical report according to the examination he had carried out on the two while in police custody. He claimed he had been asked to carry out the medical examination on the bodies of Brian and Fred to find out whether they had scars. His report concluded that they had pierced ear lobes, they had a sexually transmitted disease -gonorrhea, and were mentally stable, HIV negative and that he recommends them for treatment.

Brian and Fred will report back to court on the 29th July, 2009, for court hearing. SMUG is monitoring the two, as they receive psycho – social support. SMUG has been following up this case; find attached a full narrative case study. The two men’s rights were violated: invasion of privacy, being detained in Police custody over the maximum period of time of 48hours as stipulated in the constitution of the Republic of Uganda. Subjected to torture, degrade and in human ill treatment while in police and prison custody on suspect of being homosexuals. SMUG has reported these violations to the Uganda Human Rights commission and we await the follow up. Thank you so much for all the support

ChairpersonSexual Minorities Uganda - SMUG