Tag Archives: Law and Order

Sentenced to death for murder without victim

Luzira Upper Prison in Kampala, Uganda's biggest max security prison. Built to accomodate 600, on March 3, 2013, it houses 3114: 1376 convicts plus 388 on Death Row, and 1350 on remand. University level education in prison: Business Statistics, part of study Small Business Management (4 semesters). The men in white are on Death Row.

Luzira Upper Prison in Kampala, Uganda’s biggest max security prison. Built to accomodate 600, on March 3, 2013, it houses 3114: 1376 convicts plus 388 on Death Row, and 1350 on remand. University level education in prison: Business Statistics, part of study Small Business Management (4 semesters). The men in white are on Death Row.

 

On March 19, I received an email from a Ugandan PhD student at the Makerere University in Kampala, Uganda, named Andrew Akampurira. Thirty-year-old Andrew received a masters degree in Sweden and Norway (Erasmus Mundus Masters in Applied Ethics) and had read my previous blog post about Susan Kigula and her attempts to get the death sentence in Uganda abolished. He is writing a thesis about capital punishment and asked if I had ever heard of a man named Eddy Mary Mpagi who was sentenced to death for murder but was wrongly convicted. Andrew explained that after 18 years on death row in Luzira prison, Mr. Mpagi was released after confirmation was received that the murder victim was alive and well.

I had not known about Mpagi but some brief research told me that in 1981, during Dictator Idi Amin’s rule, Mpagi and his cousin Fred Masembe were arrested for allegedly robbing and then murdering George William Wandyaka, a neighbor in Masaka city. On on 29th April 1982, the high court in Masaka convicted both men and sentenced them to death. They were taken to Luzira Upper Prison in Kampala to await their execution. A request for pardon in 1983 remained unanswered. In 1985, Fred Masembe died in prison. He had been suffering from asthma, stomach pains, depression, physical and mental anguish.

No executions have been carried out since 1999, but Edward remembers several that took place during his incarceration. “No one was ever given any notice that they would be executed,” he has written. “Each time we were taken by complete surprise. We lived in complete fear of any unusual activity from the wardens.” (Source: here)

Despite the conviction of these men, reported sightings of William Wandyaka were made on several occasions however no one in law enforcement paid attention, they ignored this information. Private investigators hired by a man named Father Agostoni, an Italian missionary, began an investigation and in 1989 they confirmed that the men had been wrongly accused. Local authorities now convinced of the men’s innocence, wrote to the attorney general seeking pardon for Mpagi and Masembe. However, despite this action, Eddie Mary Mpagi remained on death row for another 11 years. The attorney generals kept changing and the judge working on the case died.  Finally, in 2000, Mpagi was pardoned. Apparently Wandyaka’s parents held a grudge against Mpagi’s parents. They had staged the murder to hurt them. A doctor had received a bribe to testify that he had carried out a post-mortem on the alleged victim’s body. Wandyaka, the “murder victim” died of natural causes in 2002.

After Edward’s release from prison in 2000, he launched a project – now under the auspices of the Dream One World Foundation – to build schools and orphanages for children who have lost parents in the AIDS epidemic and children who have a parent
on death row. Edward also tries to publicize the terrible conditions 
on Uganda’s death row.

Andrew Akampurira, the man who sent me the email, recently conducted an interview with Mr. Mpagi and plans to have a meeting with Susan Kigula soon. He hopes that the death penalty is abolished in Uganda in the next 15 years at the latest.

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School Fees for Ugandan Police

Police 01_print WebPolice Jinja 03 Web

We – my intern Kim Verkade and I – take a taxi to downtown Kampala. Halfway, we are stopped by a police woman in a pristine white uniform. She tells the driver to show his license and seems somewhat annoyed when she finds out that there is nothing wrong with it. She then asks him (as the driver told us later): “So what is wrong with your car?” He knows he has to come up with something: “The left front tire is not so good.”

She is satisfied now and tells the driver to walk with her to the back of the car. In the rearview mirror, I see money change hands. After some negotiating, he has managed to talk it down to ten thousand Ugandan shillings: about three and a half US dollar. She instructs him: “don’t tell the muzungus (whites)!” Back in the car, the driver explains: “The police will stop you often, these days. It is the time to pay the school fees”.

According to the latest East Africa Bribery Index, the Uganda Police Force is the most bribery-prone institution in the five East African Community partner states (Burundi, Kenya, Rwanda, Tanzania and Uganda). Bribery was demanded or “suggested” from about 75% of the people seeking service from the police. On a positive note, though: the amounts involved were generally not impressive: considering the average payment made, the police only ranked 24th.

Generally, the East Africa Bribery Index shows that Uganda institutions have continued to decline in the fight against graft. Overall, the country is ranked second after Burundi. Among the region’s top 10 most bribery-prone institutions are four Ugandan institutions: Police, Judiciary, Uganda Revenue Authority and the Ministry of Public Service. The Uganda Prisons improved slightly, in absolute terms and in the Ugandan ranking: they moved from fifth to seventh.

p.s. The police officers in the photos have nothing to do with the story above and I don’t want to imply that they are corrupt.

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Guilty until proven innocent

Uganda, Masaka Main Prison.

Uganda, Masaka Main Prison.

 
Africa Uganda criminal justice prisons photos
“Justice delayed is justice denied”, the officer in charge of one of Uganda’s prisons said to me. In most of the nine Ugandan prisons I have visited so far, prisoners on remand far outnumber convicts. Just one example: in Masaka Main Prison, the numbers are 218 convicts and 584 on remand. Petty criminals are not supposed to spend more that 60 days before being taken to court. For capital offenses, the maximum period is six months. In practice, many suspects spend far more time behind bars. According to Angelo Izama, writing for The Ugandan Reader, 54 percent of all Ugandan prison inmates are on remand.  This amounts to mass detentions without trial. In one case one prisoner had spent 6 years in custody on remand. The inordinately long remand periods are a decisive factor in inclining prisoners to plead guilty.

Uganda has a high incarceration rate compared to the other countries in the region: it is presently at 96 people per 100,000 (to compare: prison rates in the US are the world’s highest, at 716 people per 100,000; the Netherlands are at 82. Source: Prison Studies). And Uganda’s prison population is growing fast while holding capacity has not increased to any extend. The present congestion rate of 238% is expected to get worse: for a space planned for a single inmate, more than two share. Izama: “The crowded unhygienic conditions mean that aside from being punished without due process- the punishment is harsh and often results into the death of prisoners from disease [mortality rates from illness tend to be higher in prisons than outside].”

Uganda’s Chief Justice Odoki says he has too few judges to hear cases. The backlog is compounded by the fact that police investigations take long to conclude, which delays prosecution. Others point at corruption as a cause for the delays and say files disappear, judges are absent or defence lawyers are allegedly sick. Also, the police may ask for transport to go to investigate and judges may want money to hear a case.

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Photographing in Ugandan prison

UgandaPrison1000

2-18-13_Uganda Nakasangola Prison1_0215 Web

Photographer, fly on the wall? Me, Jan Banning, while photographing in Uganda’s newest prison, in Nakasangola, built in 2007. Photo (c) Kim Verkade (my intern). And the resulting (unedited!) photo. Once again: fly on the wall?

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Law and Order in Uganda, Part 2: Luzira Women’s Prison and the Death Sentence

2-15-13_Uganda Luzira Women Prison_0112 Web

I’m back to photograph for my Law and Order project. On Friday February 15, I had my first day of photography at the Luzira Women’s Prison in Uganda, Africa. I was here already in 2010 as I began the first chapter of the project. Again, in only a matter of a few days, the permission papers were signed and ready, thanks to the JLOS people in Kampala. If only it was that easy in other countries.

This prison is very different from those I visited with my assistant (Jennifer King) in the United States, in Georgia recently; this one here is almost homey, in an African way.

Death Sentence

After three years, I met again with Susan Kigula, probably Uganda’s best-known prisoner, who was convicted of the murder of her husband on July 9, 2000. A vital piece of testimony came from her five year old stepson; he said he had witnessed Susan, together with her house maid, Nansamba Patience, cutting his father’s throat with a brand new panga, a machete she had brought home the previous evening and hid under the bed.

In September 2002, Susan was sentenced to death by hanging, which is the standard method of execution in Uganda. At that time, the death sentence was mandatory, meaning that upon conviction for the offense of murder, death was the only sentence possible. After this conviction, Kigula became the leading figure in the landmark case “Susan Kigula and 416 Others vs Attorney General” (all on death row) in an attempt to have capital punishment declared unconstitutional and abolished.

No abolition of the death penalty

On the 21st of January 2009, the Supreme Court of Uganda passed the judgment concerning the imposition of the death penalty in Uganda. Susan and the others lost: the court refused to outlaw the death penalty. In addition, it ruled that no sufficient evidence was brought to show that being hanged caused more pain and suffering to the person being executed than any other manner of execution.

Life sentence

However, the 418 also won in part. The judges made several rulings. With the first, they ruled that the death sentence should not be mandatory because that prevented courts from taking into consideration all specific circumstances of the defendant and of the crime. The sentencing would now be in the hands of the trial judge. Secondly, they ruled that the condemned person should not be kept on death row indefinitely and that a person should either be executed within three years or his sentence commuted to life. The Ugandan Supreme Court also said that that the convicts on death row could go back to the High Court and mitigate over the sentence. Since these rulings in 2009, a small number of prisoners have been released and approximately 180 death sentences have been commuted to life sentences. In November 2011, in what Ugandan media describe as an emotional High Court session, Susan Kigula’s sentence was reduced to 20 years imprisonment. According to Uganda Radio Network, “dramatic scenes after court session ensued when Kigula knelt down before Nakuya and her stepson and pleaded but the old woman openly told her that her offence was too grave to be forgiven. Nakuya demanded to know why Kigula with the help of her housemaid killed their (her. JB) son.”

The charismatic Susan (now 33) told me, however, that she expected to leave prison in three years. She has started to study while in prison. After finishing high school she is now supposedly the only female prisoner in Uganda studying at the university level; she is studying law with a main focus on human rights.

The others

The Uganda people are now waiting for the authorities to speedily re-sentence all remaining persons in the same position as Susan Kigula, and to develop consistent sentencing guidelines for this purpose.

Part of the remaining cases are still awaiting new hearings that should lead to individualized sentences. However, there seem to be inconsistencies within the courts’ re-sentencing and there is an absence of clear sentencing guidelines, which should include requiring the medical and social history of the convicted. Another inconsistency is that some judges take time already served into consideration when re-sentencing while others do not.

Africa

Out of 54 countries in Africa, 16 have abolished the death penalty for all crimes and 22 are abolitionist in practice. In 2010, Amnesty International recorded executions in four countries in sub-Saharan Africa, and death sentences imposed in 24, including Uganda. The last execution in Uganda was carried out in March 2003.

 

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