The panel of four justices—Susan Okalany, Michael Elubu, Stephen Mubiru, and Dr. Andrew Bashaija—on Monday ruled against releasing Mukulu and two of his co-accused, Muhammad Matovu and Omar Abdallah Mutuka.
Appearing physically in court for the first time in four years under tight security, Mukulu addressed a panel of four justices and described his detention as cruel and degrading. He said he is confined in a 2.5 square meter cell with a small ventilator located six meters above, poor air circulation, and an overwhelming presence of mosquitoes.
Mukulu, alongside Muhammed Matovu and Omara Abdullah Mutuka, contends that the offenses for which they are currently being tried were not listed in the extradition treaty Uganda presented to Tanzania when requesting their transfer. Mukulu was extradited following a July 15, 2015, request by the Ugandan government to the Tanzanian Attorney General.
Mukulu and his co-accused through their lawyer Turyamusiima want the Court to discharge them and order the respondents to facilitate or pay for their treatment and rehabilitation at the African Centre for Treatment and Rehabilitation of Torture victims or any other similar facility.
Mukulu and his co-accused were formally charged with 20 charges including terrorism, murder, aggravated robbery, aiding and abetting terrorism, crimes against humanity, attempted murder and belonging to a terrorist organization.
Lawyers representing Jamil Mukulu, the leader of the Allied Democratic Forces ADF, are demanding an explanation from the state on where their client is. This is the fourth time that the state has failed to produce the suspect despite a directive made by Jinja Magistrate John Francis Kaggwa to produce Mukulu in person.
Mukulu was, early today expected to appear before the Magistrates Court in Jinja, where he was initially charged with murder, treason and terrorism. He however was a no show yet no reason was given for his absence.
He was responding to a query raised by Hassan Kaps Fungaroo, the Obongi County MP asking him explain the recent city, in which prominent Muslim leaders were gunned.