Court orders UHRC to probe Mukulu’s detention conditions

The International Crimes Division (ICD) of the High Court has directed the Uganda Human Rights Commission (UHRC) to visit Luzira Prison and investigate the conditions under which former Allied Democratic Forces (ADF) commander Jamilu Mukulu is being held.

The order was issued on Wednesday by a panel of four judges as the long-running terrorism trial against Mukulu and 31 others resumed.

When the case was called, defence lawyer Caleb Alaka raised preliminary matters, including an application relating to Mukulu’s detention conditions. He informed the court that Mukulu had previously complained of being denied special food, kept in isolation, and exposed to harsh prison conditions.

The court received a written response from the Uganda Prisons Service, presented by ASP Dennis Arinaitwe, Officer in Charge of Upper Prison. In the response dated October 1, 2025, prison authorities denied allegations of mistreatment, stating that contraband items had been discovered in food brought by visitors, leading to a ban on outside food.

“The prices being high is not true, there are open markets where one can get items at affordable prices,” the response read in part.

The response added that Mukulu declined a self-contained room but was accommodated in a ventilated cell and allowed into the courtyard for exercise. It further stated that he is not kept in isolation but is restricted in line with prison regulations.

Having considered both sides, the judges acknowledged Mukulu’s complaints but stressed that their mandate was to try the criminal charges, not to manage prison facilities. “We have taken cognizance of the complaints and the response,” the panel ruled. “We advise him to use the Uganda Human Rights Commission, which can make relevant recommendations that Uganda Prisons must abide by. As a court of justice, we are here to try the culpability of the accused.”

The panel then issued an order granting UHRC visitation rights to Luzira Prison to assess Mukulu’s detention conditions and prepare a report.

Meanwhile, the prosecution informed the court that 13 of the 38 original accused persons had entered a plea bargain agreement with the Director of Public Prosecutions (DPP) and were already convicted and sentenced. The defence informed the court that Mukulu and another accused had earlier filed a 2022 application challenging their extradition and the enforcement of their fundamental rights.

The judges adjourned the case to Thursday for parties to agree on facts before the hearing could resume. The case resumes on Thursday, with the parties expected to harmonize agreed facts before trial witnesses are called.

Background

Mukulu, jointly charged with 31 others, faces 20 counts, including terrorism, murder, aggravated robbery, attempted murder, and membership of a terrorist organization. Prosecution alleges that as ADF commander, he issued orders for attacks that left clerics, police officers, and civilians dead in several districts. The group is further accused of robbing firearms, ammunition, money, and property. Prosecution maintains the offenses were carried out with political, economic, and religious aims intended to cause fear among the public and government.

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