KAMPALA, Uganda | The high court’s International Crimes Division rejected an application submitted by Jamilu Mukulu, a detained suspected commander of the Allied Democratic Forces (ADF), who requested his release on the grounds that his arrest violated his fundamental rights.

The four-judge panel, which included Susan Okalany, Michael Elubu, Stephen Mubiru, and Dr Andrew Bashaija, decided on Monday not to free Mukulu and two of his co-defendants, Omar Abdallah Mutuka and Muhammad Matovu.

Mukulu disputed the addition of terrorism and robbery to the charges through his lawyer, Medard Ssegona, arguing that this was against the terms of the extradition treaty.

He also claimed that he was subjected to torture, which included beatings and forced pork consumption, as well as infringements on his rights to property and a fair trial. He said that his USD 38,000 and a personal camera had been illegally taken.

The judges found that the torture claims raised only in 2018 lacked credibility due to the delay. they also ruled that there was insufficient evidence to prove ownership of the seized property

The judges agreed that the COVID-19 pandemic and ongoing investigations were primarily to blame for the trial’s delays.

The judges also acknowledged that Mukulu and his co-accused were unlawfully detained for a year at the now-closed Nalufenya facility, held for longer than the permitted 48 hours, and paraded in the media by former IGP Kale Kayihura, all of which were deemed to have violated their right to the presumption of innocence.

The judges acknowledged these infractions but decided they weren’t serious enough to stop the trial. As a result, the court denied Mukulu’s application and upheld the trial’s continuation.

There will be notices sent calling him and his co-accused back to court. They have been further remanded to Luzira Prison in the interim. The judges ruled.

Mukulu was arrested in Tanzania in 2015 and later extradited. He faces charges of membership in an ADF, terrorism, murder, attempted murder, and aggravated robbery.

In addition, he is charged with ordering the murders of police officers Muzamir Babale and Karim Tenywa at the Bugiri Police Station, as well as Sheikh Dakitoor Muwaya and Sheikh Yunus Abubakar Mandanga in Mayuge and Bugiri.

According to the prosecution, Mukulu is the leader of the ADF and the Salaf Muslim community, allegedly commanding 37 co-accused in orchestrating murders and robberies across Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale, and Budaka.