Two Ugandan men could potentially face the death penalty under Uganda’s recent anti-homosexuality legislation, marking the first cases of potential capital punishment under this law.
Prosecutors allege that Julius Byaruhanga in the Jinja district engaged in a sexual act with a 12-year-old boy. Another individual, 20-year-old Michael Opolot, is accused of engaging in unlawful sexual intercourse with a 41-year-old man in the city of Soroti.
Justine Balya, a lawyer affiliated with the Human Rights Awareness and Promotion Forum, is representing Opolot. She contends that Opolot was observed participating in a sexual act in a public area with a person who has a disability.
If convicted under the anti-homosexuality law, which came into effect in June, Opolot could face the death penalty. This legal change significantly impacts the rights and protections individuals are entitled to during their trial process, with pre-trial detention becoming a form of punishment in itself.
Due to the gravity of the offense, Opolot may have to await trial for approximately three to four years.
Balya disclosed that multiple other cases related to alleged homosexuality are awaiting trial in Ugandan courts. One instance involves a woman charged with promoting homosexuality and engaging in homosexual acts due to activities at her massage parlor. Additionally, several cases have been formally charged with homosexuality, promoting homosexuality, and even child grooming.
Lawyer and activist Frank Mugisha emphasized that these cases exemplify a systematic hunt for LGBTQ individuals, potentially leading to false interpretations of the law.
While Uganda last executed a convict in 1999 and officially abolished the death penalty in 2005, the anti-homosexuality law reintroduced capital punishment for aggravated homosexuality, sparking condemnation from gay rights activists. This provision is currently being contested in court.
When enacting the law, government authorities argued that they aimed to safeguard Ugandan moral values against what they deemed as corrupt Western influences.
Meanwhile, Ugandan journalists and media organizations express concerns about possible heavy fines or registration revocation if found guilty of “promoting homosexuality,” a term that critics assert lacks clear definition in the law.