LASPNET Condemns Death of Student by Mob Justice

17 April 2015 -

Written by Laspnet

The Legal Aid Service Provider’s Network has come out strongly to condemn the gruesome act of Mob Justice which was inflicted on a Makerere University Alumnus, Mr. David Ojok (RIP) leading to his demise.

Ojok, a graduate of Information Technology from the institution of higher learning was, on 12^th April, ganged upon by fellow students who suspected him to be a thief and mercilessly stoned to death. This comes just a few weeks after the former Assistant Director of Public Prosecution and also the lead prosecutor in the ongoing trial of the July 2010 bombing terror suspects, Mrs. Joan Namazzi Kagezi was murdered. There are also many unreported cases of murder involving the poor, vulnerable and marginalised that go unreported.

Such actions are unlawful, barbaric, gruesome and violent to humanity. They infringe on the fundamental human rights namely: the right to life, right to security, freedom from torture and dehumanisation, dignity of persons, equality and fairness before the law, all of which are enshrined in the regional and international human rights instruments and national legal and policy frame work such as the Universal Declaration on Human Rights (1948), The International Covenant on Civil and Political Rights( 1966); the African Charter on Human and People’s Rights(1981), the 1995 Constitution of the Republic of Uganda , the Penal Act Cap 88, to mention but a few. Article 22 (1) of the Constitution of the Republic of Uganda provides for protection of the right to life; article 23 provides for respect for human dignity and protection from in human treatment; article 28 provides for a right to fair hearing, article 28(3)(a) provides for right to innocence until proved guilty

Although not a recent phenomenon, these barbaric, backward and dehumanising acts seem to be rearing their head and becoming rampant in our society with impunity. The fact that mob violence is rarely investigated, let alone suspects successfully prosecuted and punished, points to the systemic underlying challenges facing the security apparatus and the justice system, gaps in public policy, lack of adequate public awareness of the laws and responsibilities and inadequate and ineffective enforcement of the law as it is.

The number of gaps and systemic underlying failures existing in the justice system, public policy and the legal framework have instigated and aggravated the incidences of Mob Justice. A widespread lack of confidence in a justice system which is marred with corruption tendencies, an enormous legal backlog that makes many cases almost impossible to process in a timely manner, politicization of the Uganda Police, high rates of unemployment and ignorance of the laws and procedures have all accounted to the rampant cases of individuals taking the law into their hands.

As a state party to various international and regional instruments, Uganda is obliged to ensure that the fundamental rights and freedoms of all Ugandans are protected regardless of their race, color, gender, age, religious and cultural backgrounds. Unfortunately, despite the existing legal framework, the organs of government still fall short of ensuring that the laws are adhered to and that everyone lives in a safe and secure environment.

LASPNET in the strongest terms condemns the unlawful actions of the students that led to the demise of Mr. David Ojok Otim and is disappointed at the laxity with which the responsible government institutions, policy makers, institutional heads and other responsible organs are handling aspects of security, public safety, and administration of justice and rule of law, a situation that has exacerbated the rising killings of innocent civilians.

LASPNET accordingly CALLS UPON the Government institutions, the student body and the general public to observe rule of law, respect and protect human rights and take all necessary actions and measures to ensure that they restore security and public confidence in the state.

IN PARTICULAR WE CALL UPON GOVERNMENT

1. To expedite the adoption of the National Legal Aid Policy and Bill in order to strengthen regulation of actors and bring justice closer to the people through facilitating the expansion of Legal Aid Services across the country.

2. To urgently ddress the systemic challenges across administration of Justice in the Justice Law and Order Sector Institutions especially the Police, Directorate of Public Prosecution, the Judiciary, which have resulted into the decline of public confidence in the administration of justice and weak framework for keeping law and order.

3. LASPNET calls upon the Uganda Police to expedite the investigation in all recent murders including the Muslim clerics and Mrs. Joan Kagezi, so that the culprits are brought to book and punished and victims get justice.

TO MAKERERE AND OTHER INSTITUTIONS OF LEARNING LASPNET DEMANDS THAT

1. That Makerere University Council and Students’ Guild immediately investigate and surrender the suspects in the murder of Mr. David Ojok Otim.

2. To immediately work with Police and install a 24/7 hour surveillance system that will ensure protection of students and their properties

3. To the education ministry and education institutions in Uganda to enforce student policies and guidelines and punish perpetrators of violence in schools and higher institutions of learning.

TO THE STUDENTS AND GENERAL PUBLIC

We urge students in all institutions and the general public in Uganda to desist from participating in unlawful acts and respect the human rights of others as well foster observance of rule law by desisting taking law in their own hands

LASPNET COMMITTS

1. To utilise its wide membership and expertise to support the family of the deceased in ensuring that the suspects in the Mr. David Ojok case are apprehended and held accountable for the crimes committed

2. Unless MUK responds positively to LASPNET call we undertake to hold the University accountable for the insecurity that led to the death of David including filing a public interest matter if need arises. LASPNET further undertakes to utilise its network to provide legal an human rights awareness to the general public to ensure that they respect and observe the rule of law.