The international crimes division of the High court has confirmed three terror-related charges against former Guantanamo Bay inmate Jamal Kiyemba.
Kiyemba went to the United Kingdom in 1998 aged 20 to study a degree in pharmacy. He was, however, arrested in Pakistan in 2002 together with a US operative and suspected Al Qaeda terrorists while trying to enter Afghanistan. Kiyemba was reportedly born Anthony Kiyemba and converted to Islam following his father’s death and changed his name to Jamal Kiyemba.
According to online sources, he was granted an indefinite stay in Britain before he ended up in Pakistan. He was then detained at Guantanamo Bay in Cuba for four years before being released in 2006 after Muslim activists intervened on his behalf.
Records show that Kiyemba was later released and compensated with one million Euros (about Shs 3.7 billion) worth of British taxpayer’s money for false imprisonment and human rights violations before being deported to Uganda.
On Tuesday this week, justice Alice Komuhangi Khaukha confirmed charges of rendering support to a terrorist group, belonging or professing to belong to a terrorist group, and soliciting or inviting support for a terrorist organization.
This was in a ruling read on behalf of the judge by grade one magistrate Millicent Kemigisha at the conclusion of the pre-trial hearing where the court has to decide on whether the evidence presented by the prosecution is sufficient to sustain the charges or allegations against the accused person during the trial.
Records show that Kiyemba was later released and compensated with one million Euros (about Shs 3.7 billion) worth of British taxpayer’s money for false imprisonment and human rights violations before being deported to Uganda.
On Tuesday this week, justice Alice Komuhangi Khaukha confirmed charges of rendering support to a terrorist group, belonging or professing to belong to a terrorist group, and soliciting or inviting support for a terrorist organization.
This was in a ruling read on behalf of the judge by grade one magistrate Millicent Kemigisha at the conclusion of the pre-trial hearing where the court has to decide on whether the evidence presented by the prosecution is sufficient to sustain the charges or allegations against the accused person during the trial.
Prosecution led by Jacquelyn Okui, alleges that between 2021 and January 2022, while in Uganda and the Democratic Republic of Congo (DRC), Kiyemba belonged or professed to belong to the Allied Democratic Forces (ADF), a designated terror organization, by recruiting persons for it, along with others still at large.
It is also alleged that Kiyemba solicited or invited support for ADF on January 29, 2022, at the Old Taxi Park in Kampala city. The prosecution tendered before the court evidence to the effect that Kiyemba has been a radical Muslim since 1999 and has openly expressed his admiration, belief, and support for terrorist organizations such as al Qaeda, al-Shabaab, and ADF.
According to the summary of the case, in 2006, Kiyemba got in touch with Jamil Mukulu and joined his ADF terrorist organization. He became an active member of the ADF involved in recruiting and training the terrorist organization.
“He became an active member of the ADF involved in recruiting and training of the terrorist organization,” reads the summary of the case.
Records before court further indicate that in January 2022, Kiyemba while at Ben Kiwanuka street in Kampala, heading to Bugiri district shouted “Long live ADF” and advocated for people to support ADF lest blood continues to shed in Kampala.
He then went to the Old Taxi Park, where he boarded a taxi heading to Jinja-Iganga-Kamuli and was arrested therein. While under arrest, he said he was a member, supporter, and recruiter of ADF, and that his most recent recruitment was his son Jamil Abdallah Buyondo.
In the ruling on Tuesday, Komuhangi said that the evidence available was sufficient enough to sustain all the three charges Kiyemba was charged with.
“I also find that the accused knew what he was doing when he made or chanted the words ‘Long Live ADF’ both in English and in Luganda. I find that the accused was very deliberate if not calculative to make sure he uttered his support for ADF near a UPDF soldier,” said the judge.
The judge has also noted that she respectively disagrees with the defense lawyer, Geoffrey Turyamusiima who attempted to bring the state of mind for Kiyemba saying that he could have been not in his proper mind by the time the alleged crime took place.
“The evidence tendered is sufficient enough to prove the ingredients of the case and he doesn’t deny them in both the charge and caution statements he recorded with police,” said justice Komuhangi.
She added that upon arrest, Kiyemba admits that he told the police in the Old Taxi Park that he was a member of ADF who has decided to negotiate with the government of Uganda to end the war in the Democratic Republic of Congo without bloodshed.
“This statement is collaborated by the statement of Mugamba Anthony who heard the accused chant, utter, or talk about the ADF. Also the call matrices. And the technical analytical reports of the subscriber numbers indicate that the accused was communicating with one Musa Yousa among others who is an ADF recruiter in Busia,” said Komuhangi.
She said this was sufficient evidence because there is no reason why one should be communicating with such a person. According to Komuhangi, Kiyemba also gave the ADF support rather than money or property but instead, in his statements he chanted saying Long live ADF as he walked to the taxi park.
Komuhangi said Kiyemba’s file will be forwarded to a panel of three judges for trial and will remain on remand until such a time when his case is fixed for hearing by the judges.
The Observer
