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)
