Breaking: US govt indicts Gen Kayihura, wife, daughter and son over human rights abuses

Gen Kale Kayihura has been slapped with United States of America sanctions, including being banned from stepping on USA soil over “gross violation of human rights” when he was Uganda’s police chief, an executive order from US department of state, reads.

Several orders including one from the Department of State, Department of Treasury and Department of Justice, indict the former Uganda police chief, flagging him as a gross human rights abuse, therefore putting sanctions on all his financial resources and assets under US watch.

According to an executive order issued on September 13, 2019 and signed by US secretary of state Michael R Pompeo, Gen Kale has been slapped with economic sanctions, and visa restrictions, becoming the first Uganda Peoples Defence Forces serving general to suffer the public restrictions.

The website of US department of state on Friday evening, flagged a big headline “Public Designation, Due to Gross Violations of Human Rights, of Kale Kayihura of Uganda”.

“The President has authorized the Secretary of the Treasury and the Secretary of State to impose economic sanctions and visa restrictions, respectively, on persons determined, among other things, to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse or corruption,” the statement reads in part.

“As a result of today’s action, all property and interests in property of Kayihura, and of any entities that are owned, directly or indirectly, 50 percent or more by him alone or with other designated persons, that are in the United States or in the possession or control of U.S. persons, are blocked and must be reported to OFAC,” said Sigal Mandelker, Treasury Under Secretary for Terrorism and Financial Intelligence.

The restrictions extend to Gen Kayihura’s entire family who suffer similar consequences for offences related to the former police chief, who until recently, was in custody of Uganda military over several offences including kidnapping refugees.

“In addition to the public designation of Kale Kayihura, the Department is also publicly designating his spouse, Angela Umurisa Gabuka, his daughter, Tesi Uwibambe, and his son, Kale Rudahigwa.” Says Pompeo in the order.

The development is likely to sent shock waves across Ugandan administration, as it is likely more restrictions could affect other officials.

The other order from US Department of Treasury says in part, “We are targeting Uganda’s former Police Inspector General Kale Kayihura for using corruption and bribery to strengthen his political position, as units under his command committed serious human rights abuses,” said Sigal Mandelker, Treasury Under Secretary for Terrorism and Financial Intelligence. “The U.S. government is committed to leveraging our human rights and corruption authorities to target, disrupt, and counter those who engage in abuse and corruption around the world.”

FULL EXECUTIVE ORDER FROM STATE DEPARTMENT

“The Department is publicly designating Kale Kayihura, the former Inspector General of the Uganda Police Force and its commanding officer from 2005-2018, under Section 7031(c) of the FY 2019 Department of State, Foreign Operations, and Related Programs Appropriations Act, due to his involvement in gross violations of human rights.  Specifically, the Department has credible information that Kayihura was involved in torture and/or cruel, inhuman, or degrading treatment or punishment, through command responsibility of the Flying Squad, a specialized unit of the Uganda Police Force that reported directly to Kayihura.  The Treasury Department is concurrently designating Kayihura pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act.

“Section 7031(c) provides that, in cases where the Secretary of State has credible information that foreign officials have been involved in significant corruption or a gross violation of human rights, those individuals and their immediate family members are ineligible for entry into the United States.  The law also requires the Secretary of State to publicly or privately designate such officials and their immediate family members.  In addition to the public designation of Kale Kayihura, the Department is also publicly designating his spouse, Angela Umurisa Gabuka, his daughter, Tesi Uwibambe, and his son, Kale Rudahigwa.

In Executive Order 13818, the President declared a national emergency with respect to serious human rights abuses and corruption globally, which constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.  Through this E.O., the President has authorized the Secretary of the Treasury and the Secretary of State to impose economic sanctions and visa restrictions, respectively, on persons determined, among other things, to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse or corruption.

These actions against Kale Kayihura underscore our concern with human rights violations and abuses in Uganda, as well as our support for accountability for those who engage in such violations and abuses.  We call on the Ugandan government to respect human rights and fundamental freedoms, including the freedoms of expression and peaceful assembly.

EXECUTIVE ORDER FROM DEPARTMENT OF TREASURY

Washington: Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the former Inspector General of Police (IGP) of the Ugandan Police Force (UPF), Kale Kayihura (Kayihura), pursuant to Executive Order (E.O.) 13818, for having been a leader or official of an entity that has engaged in or whose members have engaged in serious human rights abuse against Ugandan citizens, as well as for his involvement in corruption.  This action complements the Department of State’s concurrent implementation of a visa ban for Kayihura under section 7031(c) of the Fiscal Year 2019 Department of State, Foreign Operations, and Related Programs Appropriations Act (P .L. 116-6) due to Kayihura’s involvement in gross violations of human rights.

“We are targeting Uganda’s former Police Inspector General Kale Kayihura for using corruption and bribery to strengthen his political position, as units under his command committed serious human rights abuses,” said Sigal Mandelker, Treasury Under Secretary for Terrorism and Financial Intelligence. “The U.S. government is committed to leveraging our human rights and corruption authorities to target, disrupt, and counter those who engage in abuse and corruption around the world.”

As a result of today’s action, all property and interests in property of Kayihura, and of any entities that are owned, directly or indirectly, 50 percent or more by him alone or with other designated persons, that are in the United States or in the possession or control of U.S. persons, are blocked and must be reported to OFAC.  OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons.

KALE KAYIHURA

Kayihura is being designated for being the leader of an entity that has engaged in or whose members have engaged in serious human rights abuse and being a current or former government official who is responsible for or complicit in, or has directly or indirectly engaged in, corruption.

As the IGP for the UPF, Kayihura led individuals from the UPF’s Flying Squad Unit, which has engaged in the inhumane treatment of detainees at the Nalufenya Special Investigations Center (NSIC).  Flying Squad Unit members reportedly used sticks and rifle butts to abuse NSIC detainees, and officers at NSIC are accused of having beaten one of the detainees with blunt instruments to the point that he lost consciousness.  Detainees also reported that after being subjected to the abuse they were offered significant sums of money if they confessed to their involvement in a crime.

In addition, Kayihura has engaged in numerous acts of corruption, including using bribery to strengthen his political position within the Government of Uganda, stealing funds intended for official Ugandan government business, and using another government employee to smuggle illicit goods, including drugs, gold, and wildlife, out of Uganda.

GLOBAL MAGNITSKY

Building upon the Global Magnitsky Human Rights Accountability Act of 2016, on December 20, 2017, the President signed E.O. 13818, in which the President found that the prevalence of human rights abuse and corruption which have their source, in whole or in part, outside the United States, had reached such scope and gravity that they threaten the stability of international political and economic systems.  Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets.  The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons.

To date, OFAC has designated 114 individuals and entities under E.O. 13818.  This figure is in addition to the numerous human rights or corruption related designations Treasury has issued under various other authorities.  In total, since January of 2017, Treasury has taken action against more than 680 individuals and entities engaged in activities with links to human rights abuse and/or corruption.

Information on the individuals and entities designated today.

SECTION 703L(C) OF THE FY 2019 DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATION777

Section 7031 ( c) provides that, in cases where the Secretary of State has credible information that foreign officials have been involved in significant corruption or a gross violation of human rights, those individuals and their immediate family members are ineligible for entry into the United States.  More information on the 703 l(c) designation.