By Sania Babirye
Security operatives have been ordered to produce before Court the body of a missing American national Guy Milton Smith on the 4th of May 2021 without fail after court ruling that he has been held in detention without trial for long .
The order was issued by Civil Division High court judge Musa Ssekaana after hearing an ex party habeas corpus application after the Attorney General failed to turn up in court as promised to explain Milton’s whereabouts.
The family led by the wife of the applicant Sharon Tusiime told court that, they have established that her husband who is 62 years old and suffers from heart complications is currently being illegally held at SIU Kireka in incommunicado yet he is need of urgent medical attention.
Tusiime further claims that they were able to establish her husband’s whereabouts after the consular office at the US Embassy in Kampala and lawyers from center for legal Aid intervened and that unless court orders the respondents to produce her husband, he will continue being illegally detained.
Tusiime adds that her husband was not on the list of missing persons the security minister read to parliament earlier thus prompting them to petition court and compel the state to produce him dead or alive .
On the 16th of April, the Government was sued by Lawyers from legal Aid demanding for the immediate unconditional release of Milton Smith.
The Government is jointly sued alongside Brigadier Chris Serunjogi Ddamulira the Director of Crime Intelligence in Uganda Police Force, the Commandant Special Investigations Bureau, Kireka and the Inspector General of Police.
In their suit, the lawyers claim that Government and its Security agencies invaded Smith’s home in Fort Portal City at around 2:00 am on March 21st 2021 and forcibly whisked him away to Kampala, and he continues to be held incommunicado at a police facility in Kireka under the command of Ddamulira.
According to an affidavit sworn in by Tusiime, her husband is the father of her two children a girl aged 11 years and a boy aged six years and that they have been raising their family together in Kitebutura “A” Cell Njara Ward, Central Division, Fort Portal City,
Tusiime further claims that her husband was taken while recovering from an eye surgery from Ruharo Eye Center in Mbarara for a surgical procedure on his right eye which he underwent on the 16th of March 2021.
She accuses the security operatives of breaking into their house and forcefully taking her sick husband away in a drone van escorted by two other motor vehicles without any identification numbers.
The lawyer argue that the said detention is unconstitutional, illegal, unlawful and should be lifted.