By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa
KAMPALA, Uganda – A Rwandan refugee was forcibly returned to Rwanda by Ugandan police after he went missing for six days. The refugee, Joel Mutabazi, is now in police custody in Rwanda in an undisclosed location.
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Mutabazi had been living in a “safe house” under Ugandan police protection before going missing.
Uganda’s conduct is a violation of Mutabazi’s refugee status and raises concerns about Mutabazi’s safety in Rwanda.
Mutabazi has survived an abduction in Uganda, as well as an assassination attempt, in which both cases the perpetrators were unknown. The Ugandan police were aware of these incidents and agreed to provide him with 24-hour security protection.
Ugandan authorities say they are investigating the incident and have suspended the Ugandan officer who arrested Mutabazi and erroneously handed him over to Rwandan authorities.
An Ugandan representative for the United Nations refugee agency, Mohammed Adar, said that Mutabazi’s case was not subjected to judicial review before he was handed over to Rwandan authorities.
“We don’t understand how he managed to get out of the country and how he was handed over to the Rwandan government,” he said. “He survived two attempts in the past to take him back to his country . . . We are concerned about his safety.”
Rwandan police are holding Mutabazi in an undisclosed location after he was arrested by Ugandan police and handed over to Rwandan authorities. The Human Rights Watch is concerned he will receive an unfair trial like “other alleged criminal suspects whom the government accused of having links with the opposition.”
Rwandan officials have previously said that Mutabazi, a Rwandan army lieutenant who served President Paul Kagame’s security detail before defecting, was wanted back home over alleged robbery charges. He is accused of robbing a bank in the Rwandan capital, Kigali, more than two years ago.
They also claim Mutabazi is accused of terrorism and was the subject of an international arrest warrant issued by Rwanda. But the Ugandan government statements admits that handing Mutabazi to Rwanda without court proceedings is contrary to “established legal procedure” and the “Police Code of Conduct.”
“The Ugandan police have utterly failed to protect this refugee, who was clearly at serious risk,” said Daniel Bekele, Africa director. “It’s unconscionable that they handed him over summarily to the police force of the country whose persecution he fled.”
Human Rights Watch says that Ugandan authorities should immediately put in place effective measures to protect Rwandan refugees and asylum seekers, particularly those whose security is at risk. The Ugandan authorities urgent should complete the investigation they have announced into Mutabazi’s handover to Rwanda and publish its findings without delay.
Further, Human Rights Watch states that Mutabazi should be transferred back to Uganda and subject to a formal extradition procedure in a Ugandan court, including consideration of the human rights implications of the transfer and his refugee status.
Many journalists and former civilian and military officials have fled Rwanda, alleging persecution. In the most prominent case, Gen. Faustin Kayumba Nyamwasa, a Rwandan army chief who once was a close Kagame ally, defected to South Africa in 2010 and later accused Rwanda’s government of ordering a failed attempt to assassinate him. Rwanda denied the allegations.
For more information, please visit:
Human Rights Watch – Uganda/Rwanda: Forcible Return Raises Grave Concerns – 4 November 2013
allAfrica – Uganda/Rwanda – Forcible Return Raises Grave Concerns – Rwandan Government Should Ensure Returnee’s Safety, Fair Trial – 4 November 2013
Topix – Uganda/Rwanda: Forcible Return Raises Grave Concerns – 4 November 2013
Zimbio – Uganda/Rwanda: Forcible Return Raises Grave Concerns – 4 November 2013
azfamily.com – Rwandan in Uganda sent home despite safety fears – 5 November 2013
abc News – Rwandan in Uganda Sent Home Despite Safety Fears – 5 November 2013
St. Louis Today – Rwandan in Uganda sent home despite safety fears – 5 November 2013
SRN News – Rwandan in Uganda sent home despite safety fears – 5 November 2013