Burundian asylum seeker deported against court order

Oct 19, 2023

Internal affairs ministry deputy spokesperson stated that the Burundian had not assumed refugee status in Uganda hence, was not immune to deportation.

Relatives of Ntwari Regis Marie camped at Aviation Police station at Entebbe Airport on Sunday evening. (File photo)

Julius Luwemba
Journalist @New Vision

The Internal affairs ministry has confirmed that Ntwari Regis Marie was deported back to Burundi on Sunday, despite a court order barring the same.

This was revealed by assistant ministry spokesperson Arithea Nakiwala during a phone interview on Tuesday. According to Nakiwala, whereas the court had issued an order restraining Ntwari from being deported, there was a subsisting order by the internal affairs minister to effect the deportation.

"The court order was issued on Friday, October 13, 2023, to the director INTERPOL Uganda and the Attorney General. It was not issued to the Directorate of Citizenship and Immigration Control," she stated, adding that for the Directorate of Citizenship and Immigration Control to effect the court order, the Attorney General had to communicate accordingly.

"It is true that we are servants of the attorney general but we needed to have an official communication from his office dismissing the deportation order that had been issued by the minister earlier," Nakiwala said. 

She further stressed that Ntwari had sought asylum to elude arrest for the crimes he had committed. However, according to official documents, Ntwari sought a certificate of asylum which was granted on January 17, 2023, before the alleged charges.

The Internal affairs ministry confirmed that Ntwari Regis Marie was deported back to Burundi on Sunday, despite a court order barring the same. (Courtesy photo)

The Internal affairs ministry confirmed that Ntwari Regis Marie was deported back to Burundi on Sunday, despite a court order barring the same. (Courtesy photo)

The ministry's deputy spokesperson further stated that the Burundian had not assumed refugee status in Uganda hence, was not immune to deportation. Meanwhile, Ntwari's asylum status in Uganda was still valid until November 19, 2023. Asked about the next course of action, Gawaya Tegulle, the lawyer for Ntwari said he was still working on many fronts to have his client freed.

Hervine Sindayigaya, the wife of Ntwari, said there was no official communication issued by any relevant authority stating why and how her husband was deported. 

"It seems, myself and our baby will never see him again because I'm also a refugee in Uganda and not allowed to travel back to Burundi," she said as she cried.

Offence

Before his deportation, Ntwari had been detained in police cells for several days before he was handed over to the Ministry of Internal Affairs.

A police bond given to Ntwari earlier on September 4, 2023, indicated that he had been accused of theft vide Ref.31/04/09/2023 and was required to keep reporting to the commandant Flying Squad Unit. The police bond did not, however, provide details of the theft charges faced by Ntwari.

Meanwhile, some documents seen by this reporter indicate that a letter from INTERPOL Burundi was addressed to INTERPOL Uganda on September 14, 2023, seeking to arrest and extradite Ntwari "for breach of trust involving a sum of $630,000".

"Ntwari Regis Marie was an employee of Ngendakumana Arsene in his gold trading business in the Democratic Republic of Congo. On July 29, 2023, while driving a service vehicle in which he was transporting a quantity of gold estimated at more than 10kg for a cost of $630,000, informed his boss that he had been arrested by armed robbers who took the gold," read in part the letter addressed to INTERPOL Uganda.

"Be informed that the victim, Ngendakumana, is ready to buy an air ticket for the suspect in order to be extradited by Uganda Airlines from Kampala to Bujumbura," concluded the letter which was signed by Frederic-Audney Minani, as the deputy head of NCB Bujumbura.

Another letter issued by Leonard Manirakiza, on behalf of the prosecutor general of Burundi indicated that Ntwari is being prosecuted for breach of trust involving $630,000, a criminal offence provided for and punished by Article 308 of the Burundian penal code.

Allegations denied

However, Sindayigaya, with whom Ntwari has a 2-year-old, denies the allegations saying her husband is being pursued for political reasons.

"That is why he sought asylum in Uganda way back before all these said charges were slapped against him," she said, adding that her missing husband had studied his secondary and university education in Uganda before the couple got married in Uganda.

According to official documents, Ntwari sought a certificate of asylum which was granted on January 17, 2023 and has been renewed multiple times. It was meant to expire on November 19, 2023.

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