{UAH} Preventive arrest is illegal – Otafiire
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11:09 PM |
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Justice minister, Kahinda Otafiire says preventive arrest is unconstitutional
Appearing before parliament's Human Rights Affairs committee today, Otafiire likened police's preventive arrest strategy to detention without trial, which is against the constitution.
His statement followed a query by Aswa MP, Reagan Okumu.
"Preventive arrest is not in our law books and if anyone is doing it, then he is doing it against the law; it is detention without trial which was scrapped," Otafiire said.
The police have recently restricted the movements of former Forum for Democratic Change president Dr Kizza Besigye and Kampala Lord Mayor Erias Lukwago, on grounds that the duo was about to commit a crime.
The restrictions have come after some opposition leaders, including the duo, championed public demonstrations against the political status quo since the 2011 elections. The police have often reacted by preventing the two leaders from leaving their homes under what they call preventive arrest.
However, Otafiire says the police could soon suffer a barrage of lawsuits lodged by aggrieved politicians.
"I don't know which law they were using, but my advice would be for those that felt inconvenienced to take up that matter in court against the police," he said.
But police spokesperson Judith Nabakooba said in an interview today that police follows the provisions of the criminal procedure code and the police act in enforcing preventive arrest, though she could not cite the specific provisions.
"The bad thing is that I am not in office to quote the specific provisions in the law," she said.
This is the second time in as many months that Otafiire has blasted the police over its handling of opposition politicians.
"You really look at the way they are doing their things and you are left in shock. Why do you arrest a leader in such a manner yet he has done nothing illegal?" Otafiire wondered in a July interview with The Observer (See: Otafiire blasts police on Besigye, Lukwago arrests).
Outside the committee Otafiire reaffirmed his attacks on the police, telling The Observer that the cops no longer respect the law.
Legal services
Asked about the fallout between parliament and the Attorney General Peter Nyombi, Otafiire advised the House to procure a private firm to offer them legal services.
"I think it is within the law, parliament is at liberty to acquire its own private lawyers," he said.
MPs led by Alice Alaso (Serere Woman), Reagan Okumu (Aswa) and Godfrey Kiwanda (Mityana North) had asked whether Nyombi would still be considered parliament's legal representative given the antagonistic relationship he has had with parliament, particularly the Speaker, Rebecca Kadaga.
"The Attorney General is not defending the institution of parliament but is instead moving cases against parliament. He is now a lawyer for NRM," Alaso charged.
Parliament's grievance against Nyombi stemmed from a constitutional court petition filed in November last year, which cost the state at least Shs 12bn in costs.
Nyombi has also clashed with the speaker over the contested expulsion from parliament of four MPs expelled from NRM. In both cases, the Attorney General sided with the petitioners instead of Parliament.
sadabkk@observer.ug
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