A former inmate at the Guantanamo Bay detention facility has been sentenced to six years in prison for soliciting support for the Allied Democratic Forces (ADF), a terrorist organisation.
Justice Susan Okalany of the International Crimes Division of the High Court sentenced Mr Jamal Kiyemba, alias Abdallah, on August 4, after finding him guilty of soliciting support for the rebel group.
In sentencing him, Justice Okalany said she had considered the gravity of the offence, the need for deterrence and protection of society, as well as several mitigating factors.
These included Kiyemba being a first offender, the isolated nature of his conduct, the absence of evidence that he recruited, financed or participated in violence on behalf of the ADF, his personal and family circumstances, remorse and mental condition.
‘Having considered the gravity of the offence, the need for deterrence and societal protection, and the mitigating factors… I am convinced that a lengthy sentence is unwarranted,’ Justice Okalany ruled.
The judge also took into account the period Mr Kiyemba had already spent on remand at Luzira Prison.
‘In my view, the time already spent in custody, together with the sentence imposed… should be carefully balanced against the gravity of the offence and the need for deterrence and justice,’ she held.
Justice Okalany ordered that the six-year sentence run from the date of conviction. However, Mr Kiyemba had already spent four years, two months and 19 days on remand, he has about one year and nine months left to serve.
The judge also considered the period Mr Kiyemba had spent in detention, including about four years at the US detention facility at Guantanamo Bay, Cuba, although he was never convicted of an offence there.
EXONERATED
Despite convicting Mr Kiyemba of soliciting support, the court acquitted him of belonging to a terrorist organisation, saying the prosecution had not provided sufficient evidence to establish that he was a member of the ADF.
The ADF support case
Mr Kiyemba was convicted on July 29 after the court found prosecution evidence sufficient to prove that he had solicited support for the ADF.
The prosecution’s key evidence came from a concerned civilian who told court that on January 29, 2022, at about 9:30am, he heard Mr Kiyemba at the Old Taxi Park in Kampala shouting, ‘Long live ADF’, while urging members of the public to support the rebel group.
The witness further said Mr Kiyemba warned that bloodshed would continue in Kampala if people failed to support the ADF.
The concerned civilian reported the matter to a military officer, who mobilised between 10 and 12 armed soldiers to arrest Mr Kiyemba.
Justice Okalany found the witness credible and said his evidence remained consistent and unshaken during cross-examination.
She added that the military officer had acted reasonably after receiving the report and that the prosecution had proved its case that Mr Kiyemba solicited support for the ADF.
‘Therefore, I find that the prosecution has convincingly proven that the accused solicited support for the terrorist organisation, specifically the ADF,’ she ruled.
Acquitted of belonging to ADF
Despite convicting Mr Kiyemba of soliciting support, the court acquitted him of the charge of belonging to a terrorist organisation, saying the prosecution had not provided sufficient evidence to establish that he was a member of the ADF.
Justice Okalany rejected the argument that Mr Kiyemba’s alleged declaration of support for the ADF automatically amounted to an admission of membership.
‘…In the present case, that affirmation or admission must be of belonging to, or being a member of, a terror organisation,’ she said.
The judge said merely expressing support for an organisation, without additional evidence, did not meet the legal threshold for proving membership.
The court also dismissed another charge of rendering support to a terrorist organisation, saying the relevant legal provision relied upon by the prosecution did not apply to the facts of the case because it concerned support rendered to natural persons rather than organisations.
Insanity defence rejected
During the trial, Mr Kiyemba raised a defence of insanity, saying he suffered from bipolar affective disorder and could not appreciate or remember what he allegedly did on the day of the incident.
The court, however, rejected the defence after finding that the evidence showed he was capable of making mental assessments and judgments at the time of the incident. Mr Kiyemba’s conviction and sentence, therefore, relate only to the offence of soliciting support for the ADF.