One year after the gruesome murder of Fahad Semugooma Kawere a transgender woman, the case has fallen silent. Her family and friends are hungry for justice and while it currently seems like a far off cry, there’s light at the end of the tunnel as Human Rights Awareness and Promotion Forum has released a detailed report of what transpired, the limitations of the case as well as what can be done going forward.
The 19-year-old was murder by a mob of boda boda riders and all findings currently indicate that this ghastly crime was because Fahad identified as a transgender woman.
Below we share the report in its entireTY
VERIFICATION REPORT ON THE MURDER OF SSEMUGOOMA FAHAD KAWERE 20th August 2019
Contents
- Introduction .......................................................................................................................................1
- Verification Team................................................................................................................................2
- Brief Facts ...........................................................................................................................................2
- Matters to verify................................................................................................................................2
- Methodology......................................................................................................................................2
- Findings ..............................................................................................................................................3
- Limitations .........................................................................................................................................6
- Conclusion..........................................................................................................................................6
- Recommendations.............................................................................................................................7
- Introduction
On Friday the 2nd of August, 2019, the HRAPF Legal Aid Clinic received reports of the murder of Ssemugooma Fahad, a 19-year old transgender woman who was living with her parents in Kayunga, a small town in Wakiso District. It was alleged that the murder was as a result of the deceased’s gender identity. Given the circumstances surrounding the murder, particularly the fact that the deceased was murdered in a mob attack in Kayunga, which is less than half an hour from both Kayunga and Wakiso, which are home to at least three LGBTI organisations, two of which run LGBT shelters, the murder caused a panic within the community and raised serious issues of the security of members of the community in this area. It therefore became necessary to investigate the matter and confirm the facts surrounding and leading up to the fatal attack. As such, HRAPF undertook to verify the circumstances of the death of the deceased by making consultations with the Investigation Officer handling the case, the Officer in Charge of Crime Intelligence and Investigations at Wakiso Police station, relatives and friends of the deceased, 2 persons that stay within the vicinity of the crime scene, and boda boda riders from the stage where the victim was murdered. This is a report of the findings.
- Verification Team
The verification team was made up of the following persons:
- Sande Rogers Bwanga (Legal Volunteer)
- Martha Taremwa (Legal Assistant)
- Justine Balya (Legal Officer)
- Dr. Adrian Jjuuko (Executive Director)
- Brief Facts
On Thursday the 1st of August, 2019 around Naluvule- Ggombe, a transgender woman by the names of Fahad Ssemugooma Kawere (deceased) was attacked by a mob of boda boda riders and beaten, leading to her death. The facts as stipulated to by several witnesses, including boda boda riders and Fahad’s parents, indicate that she was picked from “Ovacado stage” by a motorcyclist (boda boda rider) with the intention of being taken to Mpuga village. After transacting her business in Mpuga, she got another motorcycle to take her back to Kayunga, where she was staying with her parents at the time. Unfortunately, the deceased never reached her destination because the first cyclist waylaid her with other boda boda riders, who beat her into unconsciousness near Naluvule trading centre.
- Matters to verify
- i) Whether Fahad Kawere was murdered
- ii) Whether the murder was connected to Fahad’s gender identity
iii) Whether police investigations have a possibility of resulting into a conviction
- Methodology
In trying to ascertain the cause of the abhorrent and brutal attack on Fahad, the team conducted a verification exercise. The methods used to verify the facts were:
- Site visit 3 A visit was made to Mpuga stage, Naluvule- Ggombe, the scene of the crime, in order to ascertain from residents whether anyone remembers the incident, and to find out what the residents knew of the incident itself, and of Fahad, as well as to search for eye witnesses.
- Interviews Interviews were conducted with the following:
- Officers in charge of Crime Intelligence and Investigations at Naluvule Police Post and Wakiso Police Station
- Two residents of Ggombe running businesses within the vicinity of the crime scene - Relatives of the deceased, that is, her mother, father and maternal uncle
- Friends to the deceased –
The former work colleagues of the deceased
- Leaders of the three LGBTI organisations located in Nansana and Wakiso
iii) Records Review The police file at Wakiso Police Station was reviewed. The case was filed and being investigated under SD Ref SD 02/01/8/2019.
- Media review
The New Vision and Daily Monitor newspapers for the 2nd of August, 2019 were reviewed for information about the murder of Ssemugooma Fahad. A Google search was also made for the search terms “murder of Fahad Ssemugoma”, “man murdered in Wakiso” and “Murder in Wakiso”.
- Findings
The team found the following:
- Whether Ssemugooma Fahad Kawere was murdered
Although this fact was never in contention, it was necessary to ascertain for a fact that the death of Fahad Kawere did in fact occur as reported. Information gathered through all the above methods did indicate that the late Ssemugoma Fahad was brutally murdered at Gombe by a mob of boda boda riders.
From the interview with the Investigation Officer handling the matter at Wakiso Police station, the matter was recorded under Police reference number SD 02/01/8/2019 as a murder case. The Investigation Officer, ASP Kirya (0702554378), disclosed that there are seven suspects, and while two are already in police custody, the rest of the five suspects are still at large.
A post mortem report (PM 2416/2019) from Mulago hospital had been filed, listing the cause of death as blunt force trauma. Ms. Kawere Sara, the mother to the deceased, informed the team that the deceased left home on the 1/8/2019 at around 5.00am with the intention of taking clothes to her friend who lives in Mpuga, near Wakiso town. The deceased embarked on a motorcycle ridden by a one Mansulu Kankaka who operates from 4 “Ovacado stage”. She however got a phone call at around 6:00 am, informing her that her son had been taken to Mulago Casualty ward. She showed the team a KCCA mortuary release form No. 1921 dated 1/8/2019, signed by a pathologist, authorizing them to remove the body of Ssemugooma Fahad from the hospital. The form references the police post mortem report, performed under reference number PM 24/6/2019, indicating the cause of death as injuries arising from blunt force trauma.
A visit to the scene of crime was also made, where huge blocks of stone, presumably used to hit the deceased, were found. Two residents, Mzee Katalikabe- and an elderly woman owning a shop close to the scene commonly known as Ssenga w’abaana were interviewed. Whereas the elderly woman, who was reportedly an eye witness and the one who had even asked the boda boda riders to stop beating the deceased, was hesitant to disclose any information, both residents informed us that at around 5:45 am on the fateful day, they heard the deceased wailing.
It is worth noting that in most areas of Uganda, witnesses to serious crimes are often unwilling to come forward for fear of being arrested by the police or otherwise unlawfully detained to “aid with investigations”. Mzee Katalikabe informed the team that, although he could not say why the attackers of Fahad decided to beat her up, he heard noises of a person wailing and when he proceeded to the scene together with others, he found a mob of boda boda riders and the deceased lying helplessly on the ground, where they had used a rope to tie him, having brutally beaten him, and were at the time using one of the motorcycles to ride across the deceased’s back as he lay down helpless.
The team further found media reports about the brutal murder of the late Ssemugoma Fahad that happened at Gombe on the 1st of August, 2019. Three stories relevant to the subject were found, two of them from news outlets that focus on news items of interest to the LGBTI community within Uganda, and one other story reported at https://oblogdee.blog/tag/fahad-ssemugoma/ titled: ‘A young LGBTI Ugandan has been brutally attacked and murdered in Gombe, Uganda.’ The story was also aired on “Agataliiko Nfuufu” on Bukedde TV on the 1st of August 2019.
From the above, HRAPF therefore concludes that Fahad Ssemugooma Kawere was indeed murdered in a mob attack orchestrated by boda boda riders.
- Whether the murder was in any way connected to Fahad’s gender identity The deceased was a member of Kuchu Shiners Uganda, a transgender-sex worker organisation based in Nansana and running a shelter for homeless LGBT youth. This was confirmed by Bukenya Musa, the Executive Director of the organisation. She was also a member of and volunteer at Happy Family Youth Uganda Ltd, an LGBT organisation located along the WakisoKasengejje road, also running a shelter for homeless LGBT youth. However, the deceased was not staying in any of the LGBTI shelters owned by the said organisations, but was rather staying with her mother and the rest of her family in Kayunga.
Ndubuya Hamid the deceased’s uncle, informed the team that he learned from boda boda riders that the deceased boarded a taxi from Kayunga up to Ovacado, stage where she got a boda boda operated by Mansulu Kankaka. She was heading to Mpunga, where she was taking clothes to a friend. Unfortunately, when she reached St. Joseph’s Hospital in Mpunga, she realised she had forgotten her phone at home and could not contact the friend. She therefore decided to go back home in Kayunga with Mansulu.
Upon reaching Kasangobe stage, Mansulu claimed he could not proceed with the journey to Kayunga, so he was paid Uganda Shillings Four Thousand for the journey thus far, and the deceased got another boda boda, operated by Hassan Habyarimana, to take him to Gombe, which is close to Kayunga (the deceased’s place of residence). Mansulu called his fellow boda boda operators from Mpuga stage, with whom he followed Hassan Habyarimana’s boda boda. Mr. Ndubuya said that the boda boda riders had informed him that they had agreed to follow because they were curious about the boy who was behaving like a girl in her walking, talking and other mannerisms. The mob stopped Hassan, tied the deceased and dragged her from Mpuga to Gombe, where the brutal beating began.
The story that aired on “Agataliiko Nfuufu”, a popular news bulletin on Bukedde TV, on the 1st of August 2019 after 10.00pm, in which a boda boda rider noted that one of the reasons that were given by the mob was that a woman had recently stolen a boda boda from that stage, and that Fahad Kawere’s voice was similar to that woman’s voice. The lady identified as Ssenga W’abaana was also featured in that bulletin, admitting to having witnessed the attack and to having called the police, which delayed to respond, although she later refused to discuss the matter. The Investigation Office, Mr. Kirya and the Scene of Crime Officer (SOCO) Agnes nformed the team that the claim of the deceased trying to steal a motorcycle has not been established anywhere in their investigations. They further informed the team that the deceased boarded from ovacado stage, and was heading to Naluvule, Gombe.
The SOCO informed the team that some of the witnesses related that Mansulu had informed them that the deceased had been caressing his back in a lascivious manner, which he could not stand any longer, and so he asked for his fee and refused to proceed with the journey, which is why the deceased got onto Habyarimana’s boda boda.
Mansulu however did not let the matter rest at that, and thus mobilised his colleagues to teach the deceased a lesson. The deceased’s shoe, a rope which was used to tie the deceased and drag him, and the deceased’s vest were recovered from the scene by the police and kept as exhibits. It is clear that, despite attempts by some of the boda boda operators to justify the attack by linking it to the recent spike in violent motorcycle robberies, Fahad Kawere was murdered largely because of her gender identity and expression.
Regardless of the true facts/ circumstances surrounding this incident, which cannot be ascertained beyond reasonable doubt at this point, it is clear enough that Fahad’s gender identity and expression played a key part in her murder.
- Whether police investigations have a possibility of resulting into a conviction 6 The Police file contained statements from several witnesses, including one of the boda boda riders that had been listed as a suspect, the statement of the scene of crime officer, statements from the arresting officer and the post mortem report (PF 48).
Although there were seven suspects noted on the file, the case had not yet been assigned a Crime Record Book number at the time of the visit, an indication that the matter had not yet been put under formal inquiry by the police at that time.
The Investigating Officer at Wakiso Police station informed the team that two suspects out of seven were already in custody. However, the team was also informed by Mr. Ndubuya Hamid the deceased’s uncle, that Mansulu Kankaka, the boda boda rider who mobilized others for the attack and participated in the brutal incident, is still quite at large, and still operating within Kayunga, yet the police has yet to arrest him, although he has been listed as a “person of interest” in the police file.
As such, it is safe to conclude that the Police is not doing enough to arrest the suspects, and follow up may be necessary to ensure the prosecution of the murderers of Fahad Ssemugooma Kawere. This implies that the case may not go beyond the current stage unless the police is pressured to investigate the case fully.
- Limitations
The verification was affected by scanty information concerning the deceased. Part of the information gathered from family and friends does not tally with that recorded at the Police station, particularly the exact time the incident happened as well as the place of work of the deceased.
Additionally, the would-be eye witnesses to the incident were scared of disclosing information for fear of being quoted anywhere, being afraid that the boda boda riders would also attack them, while the boda boda operators at the stage were simply trying to avoid implicating themselves.
There was no opportunity for even Fahad’s family to hear any part of this story from her as she was unconscious on arrival at the hospital and died shortly thereafter.
All the information gathered from police, family and friends is highly speculative, except for accounts received from witnesses, who have since either left the stage or simply refused to speak of the incident. The information regarding how the deceased moved on that day is generally hearsay evidence as the main protagonists were not interviewed because they could not be accessed.
- Conclusion
Based on the information collected during the verification exercise, the team came to the conclusion that the incident as described did in fact happen in Gombe, and that it is highly probable that the attack was a transphobic attack.
It is however unlikely that the attack was 7 specifically targeted to Fahad as a result of prior knowledge of her gender identity or association with any of the organisations in the area, but rather a spur of the moment attack by a boda boda operator who felt personally offended by Fahad’s conduct and presentation. Nevertheless, the attack has raised interest and curiosity about LGBT people in the area, and transgender persons are more at risk as the known “face of homosexuality” in Uganda.
- Recommendations
HRAPF recommends the following:
- Group homes for homeless transgender persons in this area be relocated out of the area to avoid the increased risk associated with the increased visibility
- ii) LGBT organisations running group homes be assisted in the meantime to revise their security protocols and establish strict rules about movement within and around the home and the presentation and general expression of their members in order to mitigate the very real risk of such attacks.
- LGBT persons generally should be sensitised about the element of consent to all forms of physical interaction to avoid provoking such attacks from outraged and often homophobic members of the general public.
- Matters of digital security among members of the LGBT community ought to be taken even more seriously, particularly social media communications, because investigations revealed further that one of the organisations, Kuchu Shiners Uganda, has had several members receiving vaguely threatening Facebook messages from strangers they are friends with on social media, a risk that is increasingly pronounced.
- HRAPF and partners must work towards ensuring that the perpetrators of this heinous crime are arrested, prosecuted and convicted for their part in this gross violation of the life and dignity of a 19-year old on the simple basis of the fact that they did not like how she spoke and walked.
- A police report on what transpired needs to be obtained from the police in order to get clarity on the official position in regards to this case.
