Police Acted Correctly in 2011 Besigye Arrest Top story

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In short
The evidence clearly shows that the stalemate at Mulago round about as a result of Dr. Besigye refusing to follow the traffic guidance given to him by SCP Grace Turyagumanawe which was to use Yusuf Lule road instead of going through Wandegeya. Instead he locked himself up in the car and refused to leave the road thereby seriously obstructing traffic. The police have wide powers to arrest without warrant in the circumstances in which they under act S 23 of the Police act S 24 of the same act permits police to arrest in order to prevent causing unlawful obstruction on a highway.

                                                                                                                      From the office of: Director of Public Prosecutions
                                                         August 26, 2013
 
 
To: The Director
Criminal Investigations and Intelligence Directorate
RE: CID/SIU/GEF 60/2011

UGANDA versus D/ASP ARINAITWE BWANA GILBERT AND OTHERS
 
The above case file of yours refers. The file has been perused and the following advice tendered.

The gist of the complaint against the officers involved in the arrest is that they acted brutally when carrying out the arrest of Dr. Kiiza Besigye and others. The alleged brutality relates to the acts of breaking the windows of the car, spraying pepper spray into the car, dragging Dr. Besigye out and into the patrol car and taking him away.
 
The evidence clearly shows that the stalemate at Mulago round about as a result of Dr. Besigye refusing to follow the traffic guidance given to him by SCP Grace Turyagumanawe which was to use Yusuf Lule road instead of going through Wandegeya. Instead he locked himself up in the car and refused to leave the road thereby seriously obstructing traffic.
 
The police have wide powers to arrest without warrant in the circumstances in which they under act S 23 of the Police act S 24 of the same act permits police to arrest in order to prevent causing unlawful obstruction on a highway. S 22 of the Act grants police power to redirect traffic by stopping, diverting or otherwise directing and regulating. Refusal to comply with the directive is an offence.
 
Applying the above principles of the law to the evidence SCP Grace Turyagumanawe was acting within the law to direct Besigye to Yusuf Lule road, and he refused to comply that was therefore an offence for which the police was entitled to arrest him.
 
S 2 of the Criminal Procedure Code Act  permits police to use all means necessary to effect arrest whereby a person forcibly resists the endeavour to arrest him. From the facts, Dr. Besigye locked himself in the car and refused to heed advice to open the door. He held up traffic at a critical intersection in town and this took over 2 hours. In those circumstances, it cannot be said that the actions of the police was unjustifiable. There is no evidence to suggest that the means used to effect the arrest were unnecessary.
 
There is no clear evidence that the police officers committed any offence in effecting the arrest. The police officers might have acted a little high handedly but they were justified in effecting arrest, and the high handedness could probably be explained by the volatile circumstance that had been occasioned by the standoff. Most importantly, the events do not disclose cognizable criminal offence committed by any of the officers who participated in the arrest.
 
For this reason, you are advised to close the file and put away for lack of sufficient evidence. 

Anguzu Lino
Senior State Attorney
For Director of Public Prosecutions