Two Ugandan men are now the first individuals to potentially face the death penalty under Uganda’s newly enacted anti-homosexuality law. The law, which came into effect in June, has garnered international criticism for its harsh and discriminatory provisions.
According to reports, prosecutors have accused Julius Byaruhanga, a resident of the eastern district of Jinja, of engaging in a sexual act with a 12-year-old boy.
Another man, 20-year-old Michael Opolot, has been charged with an unlawful act of sexual intercourse involving a 41-year-old male in the eastern city of Soroti.
Justine Balya, a lawyer representing Opolot, has defended her client, emphasizing that he was reportedly seen engaging in a sexual act in a public space with a person who has a disability. However, Opolot now faces the possibility of a death sentence if convicted under the controversial anti-homosexuality law.
Balya expressed concerns about the implications of having the death penalty as a potential punishment, stating, “Having the death penalty on the books changes significantly the protections that one is entitled to while they are waiting for trial. And it certainly makes trial remand a punishment in and of itself.”
Due to the capital offense involved in this case, Opolot may have to endure a lengthy wait of three to four years for his trial to be heard. Balya also revealed that several other cases involving alleged homosexuality are awaiting trial in Ugandan courts.
“We also have a case of a lady who has been charged with the promotion of homosexuality and homosexuality because of what they allege people were doing at a massage parlor that she owns. And of course, there’s a host of other cases that are not in court but where people have been charged formally with homosexuality, promotion of homosexuality, even child grooming in one case,” Balya explained.
Frank Mugisha, a lawyer and activist, criticized these cases as a witch hunt against lesbian, gay, and transgender individuals. He pointed out that the accused individuals had not identified themselves as LGBTQ but were assumed to be engaging in same-sex acts, potentially resulting in the application of the death penalty.
Uganda last executed a convict in 1999, and in 2005, formally abolished the death penalty. However, the anti-homosexuality law reintroduced the death penalty for the offense of aggravated homosexuality, a move strongly opposed by gay rights activists who are challenging it in the courts.
When the law was passed, government authorities argued that it aimed to protect the moral values and principles of Ugandan society against what they perceived as corrupt Western values.
Meanwhile, journalists and media houses in Uganda are expressing fear over heavy fines or the loss of their registration if they are found guilty of “promoting homosexuality,” a term that critics argue has been vaguely defined in the law, raising concerns about freedom of the press and expression in the country.
Source: VOA
