Rumpole and Yoda: When there really is no “law”...and a rant.

Warning references to old British  and American TV and movies, are coming; in addition to frustrating and sad moments.

Go get a cup of coffee or maybe a glass of wine…this is a long one, but please try to read it all…

I had the opportunity to sit in high court yesterday.  While the courtroom itself is very basic, long tables, long benches, lots of microphones that don’t work and the crest of Uganda on the wall above the high court judge, who by the way was wearing some kind of Japanese Kimono robe?? Maybe he just likes red and wanted to add some color to what would be one of the longest days I have had in many, many years.

So judge dressed like Asian Yoda, attorneys dressed like they watched too many Rumpole of the Bailey episodes, sans wigs, and the prisoners dressed, well, like everyone else in the room. Oh I should mention that every case, except the one I am there to see is a defilement case (for the Americans, read rape…of a child).

First case is called, and it is to determine if the statement the accused (and yes they pronounced it achused…all frigging day!) had been signed under duress. Here is where it gets a bit frustrating. This is how justice works here. Someone, anyone, can have you arrested on their word only. You can be held for two days without being charged with any crime. During the two days you are locked in a cell maybe 6x10 with up to 15 other accused people. No toilet, no bedding. Twice a day you are “paraded” in the yard where you are questioned, and questioned, and beaten to try to “get the truth”. Ok so maybe that is some of the sad part. Finally, this accused, was taken to a room with only one officer (he was not allowed to have a witness…that is actually the law) where he apparently made his confession and was cautioned (given his rights to remain silent…there is no right to have an attorney, a witness, a friend, someone, anyone).

So State Attorney calls Detective (fat old man dressed like mobster in Florida). Takes him through the sequence of events that led to the taking of the statement…in painstaking slowness… even having him read the statement and show us all where everyone had signed. Then detective is cross examined by the defense attorney who asks exactly the same questions…not exaggerating here, which again includes him identifying the document and signatures. We are now one hour into this…the best is yet to come. It goes back to the State Attorney who, and I am not making this up, asks exactly the same questions again- starting with his name, rank, how long on the job…and yes having him once more read and identify the signatures on the statement. Hour two is gone…there are 8 more guys waiting to have their cases heard.

Then the accused is taken through the whole question, cross process except he is only asked to identify his signature. Oh and did I mention that court is in English, the accused is Acholi (who spoke and understood English) but had to wait to have all questions translated to Luo and then all his answers (even when he answered in English, his lawyer told him to answer in Luo) had to be translated to the court. As hour three is moving on, the judge finally rules that the statement is admissible and then offers the accused the opportunity to give his defense---literally his side of the court case! Hour three gone. Finally about halfway through that painfully slow question, translate, answer, translate, pause for everyone to write it all down long hand….the judge decides to hear the rest another day and the accused is excused.

My butt now is sore. Ok case number two….don’t remember, my brain stopped working because I am hungry and so appalled by the lack of preparation by the attorneys...who all appear to have been hung over and who clearly had not looked at the files until that minute in court.

Hour four…gone Lunchtime. Sad part coming….

Back in court the first case called is aggravated defilement. So defilement is sex with anyone under the age of 18, and aggravated defilement is sex with a child under the age of 10 while infected with HIV. The judge starts to read…the entire trial transcript…which would have been laughable except that he began with “there are four things that have to be proven for aggravated defilement” 1. Child was under 10 2. The assault happened. 3. The accused is HIV positive and 4. That it was the accused who did the assaulting. “the child was eight, the defilement took place, the accused is HIV positive, so it is the last requirement that must be determined.” The penalty for this crime is death. Yes, an eight year old girl was raped by a 30 something year old man who was not only HIV positive, but knew that he was HIV positive…this happened in 2012.

One hour later after we had been treated to a really bad episode of Criminal Minds read out in court, and while the accused stands, blank faced, it is recommended by the “advisors” that the judge find the accused guilty of the aggravated defilement.n I am not sure what their qualifications are, but all along I thought they were the court reporters (there are only two and they kept switching out with another two),  Judge then sets another date for the accused to receive his judgement—so not really sure what the purpose of that whole production was?? I should mention that while the judge was reading about the achused he also kept talking about the “prostitution” and I spent a great deal of horrified time trying to figure out what prostitutes had to do with the case…Prosecution, prosecution, light bulb now on. Ugandlish.

Next case, also aggravated defilement, but for some reason we were not treated to the extended details of the crime, just the “advisors” recommendation, guilty of simple defilement- not sure how any defilement can be simple, but one of the four criteria must not have been proven. Again another court date set for the judge to make a ruling.

The next two cases went quickly, withdrawn by the State Attorney after five years---five years!

Oh and the reason I was at court, a friend of mine was put in prison for seven days because his phone went off in court the week before. After seven days,  he stayed in prison for an additional three days because the judge was took a long weekend so there was no court...imagine being sent to Vacaville or San Quentin because your phone goes off in court! (and he had turned it off, but it accidentally turned on while in his pocket). Did I mention he is a husband, dad and really amazing human being? Yeah...that does not matter to those with the power.

A few years ago I read a book by Gary Haugen, founder of International Justice Mission called The Locust Effect:Why the End of Poverty Requires the End of Violence. It was sad, shocking, depressing, and dealt with the reality of injustice faced by the poor in developing countries. Uganda is a developing country and  I have had glimpses of the corruption and inequality of justice for the poor…I can read about it, and even see small episodes of it, but I have now been baptized in it and quite frankly am not sure what to do with my new knowledge---hence your opportunity to read this blog because sometimes I just need to get it from my head to the page in order to process.

The men in court yesterday were there because they could either afford an attorney, or they had friends or family who could afford an attorney, or the victim could afford to press the case forward. For the rest of the accused…and remember a case can be brought against you on nothing more than one person’s word…you can sit in prison (not county lock up people, with toilets, TV and two to a cell) but prison, for years…forgotten by a system that operates on bribes.

Two stories: 1. Survival Like in healthcare and education here in Uganda, in prison, only the basics are provided- building, guards, blanket (if you are lucky, sometimes takes two months to get, sometimes taken by the mean prisoners). Feeding is once a day and consists of the water the beans were cooked in, followed by beans 100 give or take, and then posho measured in three inch square (think solid cream of wheat cut like jello). It is the responsibility of your family and friends to supply real food etc.  Those without visitors rely on those with visitors for their survival. They cook for you, you share some of your food…that is survival.

2. The Step Mother I have written in the past about how all the evil step-mother stories must have originated in Uganda…here is another one to add to the list…a fourteen year old boy is set to inherit his father’s cattle. The step-mother is not happy about losing the wealth (cattle are like a really good mutual fund) to this boy and decides to accuse him of defiling her daughter. Accused, arrested, charged, thrown in prison…forgotten. Now sixteen, he has not been visited by anyone- unfortunately too many Ugandan men are afraid to be men and do the right thing, instead, they hide behind their horrible, evil wives. So he seeks out ways to survive. He has not been to court and probably never will. He should not even be in the adult prison, but in the remand home for juveniles. He will sit in prison because he has no money, he is just a child and his story is sadly not unique.

If you made it this far, thank you. A bit of a rant coming up here…. I told you there would be sad parts and I am really trying to understand, as I have for the past year, how people can be so cruel to each other. How we cannot see past our own comfort to believe the things that are really happening to people outside our immediate circle. How we can be so desensitized. Humans of New York is doing a series right now on the refugees arriving in Greece…read the stories please, read Gary Haugen’s book please. Take this seriously please. Please please please educate yourself, it is sad and depressing and will rip your heart out, but isn’t that better than being numb to the world? Isn’t that better than not feeling anything? Be thankful that your ancestor’s boat landed in America instead of say, Hungry (not that a boat can land there but you get my meaning). I am blessed with so many opportunities because my Great grandfather made the decision to save his family by traveling across the globe to look for a better life and his boat landed in New York. He was processed without question (name, age, country of origin, boat, number in the family, I have seen the records) - he was not asked what God he prayed to or what his political affiliations were, or even if he could speak English (he couldn’t). Was everyone happy that the “immigrants” had arrived? NO. But they were welcomed and allowed to come and provision was made and the world did not end.

                     New Colossus

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!"

---Emma Lazarus (1900)