JUSTICE MUST BE SEEN TO BE DONE: A CASE FOR MY DISTRICT MATE, SAM MUGUMYA
As an Advocate of the High Court of Uganda, a Christian, and a resident of Rukungiri Municipality, where Sam Mugumya was born, I believe in one principle above all else: the rule of law.
A true advocate rises above politics. A lawyer’s opinions and actions should be guided not by political allegiance, but by the rule of law. Justice loses its meaning when legal principles are sacrificed for partisan political interests. It is on this basis that I add my voice to those calling for the immediate production or release of my district mate, Sam Mugumya.
If Sam Mugumya committed any offence, whoever is holding him should produce him before a competent court of law without delay to answer the charges against him. If there is no lawful basis for his continued detention, he should be released immediately.
It is the constitutional responsibility of the government to protect all Ugandans and their property. It is therefore also the government’s duty to establish Sam Mugumya’s whereabouts and ensure that he is produced before a court of law.
If Sam was subjected to torture or any cruel, inhuman, or degrading treatment, as has been alleged, those personally responsible should be held individually accountable in accordance with the law.
Uganda’s Constitution prohibits torture. Recently, President Yoweri Museveni, in his response to Andrew Mwenda, publicly reaffirmed his opposition to torture. No one should be above the law.
As Montesquieu observed, “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” Sam Mugumya cannot be illegally detained or tortured in the name of defending or protecting Uganda and its people. That is not what the rule of law stands for.
Every suspect, regardless of who they are, should either be promptly produced before a court of law or released.
Sam Mugumya’s mother deserves to know the fate of her son and to see him, whether dead or alive. That is the minimum dignity every mother in a democratic society deserves.
The writer, Isaac Atukunda, is an Advocate of the High Court of Uganda and the Deputy Chancellor of North Kigezi Diocese in Rukungiri District.
