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C. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT

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TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT

C. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT

The constitution and law prohibit such practices. The law stipulates that any person convicted of an act of torture may receive a sentence of 15 years’ imprisonment, a monetary fine, or both. The penalty for conviction of aggravated torture is life imprisonment. Nevertheless, there were credible reports security forces tortured and physically abused suspects.

Human rights organizations, opposition politicians, and local media reported that security forces tortured dissidents as punishment for their opposition to the government. On April 24, local television stations showed images of opposition Member of Parliament (MP) Francis Zaake receiving medical treatment at the Iran-Uganda hospital in Naguru. The UPF and Uganda Peoples’ Defence Forces (UPDF) had arrested Zaake at his home in Mityana District on April 19, accusing him of violating COVID-19 restrictions on public gatherings when he distributed food to his constituents. On May 6, Zaake told journalists that upon his arrest, UPF officers under the watch of Mityana District police commander Alex Mwine and regional police commander Bob Kagarura beat him with sticks and batons, kicked him on his head, and then tied his legs and hands to suspend him under the bench in the flatbed on a police pickup truck, which drove him to the headquarters of the Chieftaincy of Military Intelligence (CMI) in Mbuya. He said CMI officials sprayed his eyes with an unknown liquid that created a sharp burning sensation, then later beat him with a stick bearing sharp objects that tore at his skin. He said UPF officers then drove him to the Special Investigations Unit (SIU) offices in Kireka, where UPF officers kicked, slapped, and punched him while telling him to quit politics, quit opposing the government, and retire to business. Zaake said his health deteriorated further while in detention, and on April 22, the UPF drove him to the Iran-Uganda hospital in Naguru for treatment. According to a Ministry of Internal Affairs document, the Iran-Uganda hospital found that Zaake had “blunt injuries on the forehead, earlobes, right and left of the chest, right side flank, right upper arm, right wrist, lower lip, left leg, and left leg shin.” On April 27, a court in Kampala ordered the UPF to release Zaake or arraign him in court. That same day the UPF drove Zaake, dressed only in shorts and unable to walk, to a court in Mityana. UPF officers carried him on a stretcher into the courtroom where a magistrate declined to hear the charges against Zaake and ordered the UPF to take him to hospital for medical treatment. The UPF, however, drove Zaake back to the SIU, where they detained him for another night and then released him on April 28. On May 6, the minister for internal affairs concluded that Zaake must have inflicted his injuries on himself “by knocking himself on the metal of the UPF police pickup truck.” On May 7, Zaake sued CMI commander Abel Kandiho, Mityana police commander Alex Mwine, SIU commander Elly Womanya, and three others for abusing him. On September 3, the Office of the Director of Public Prosecutions (ODPP) exercised its constitutional right and took over Zaake’s private suit against the security officers. Zaake told local media on September 3 that the ODPP had taken over the case in order to exonerate his abusers by putting up a dispirited prosecution, which would lead the court to issue an acquittal. The trial continued at year’s end. The ODPP also dropped its charges against Zaake on August 6.

Civil society organizations and opposition activists reported that security forces arrested, beat, and killed civilians as punishment for allegedly violating regulations to combat the COVID-19 pandemic. On March 18, the president announced restrictions to combat the COVID-19 pandemic, which included an indefinite closure of all schools and a ban on religious gatherings, which he would later expand to include a nighttime curfew, restrictions on public and private transport, and a closure of nonessential business (see section 2.d.). The president instructed police and military to enforce the regulations. Local media reported LDU and UPF officers indiscriminately beat persons they found outside after the nighttime curfew with sticks, batons, and gunstocks, maiming some and killing others. On May 13, LDU officers shot primary school teacher Eric Mutasiga in the leg and chest, as he pleaded with the officers not to arrest his neighbor, whom the officers had found selling food three minutes into a nighttime curfew. On June 8, Mutasiga died of the gunshot wounds at Mulago hospital. The UPF stated it had arrested the LDU officers involved but declared Mutasiga was injured when he got into a scuffle with the security officers. At year’s end the UPF had not released details of its investigations into the killing. LDU and UPF personnel also attacked pregnant women who sought health care during periods when the government restricted use of public transport due to COVID-19.

On April 4, local media reported that on the night of April 3, UPF, LDU, and UPDF officers had raided a community in Elegu Town, driven dozens of persons out of their houses, beaten them with sticks and iron bars, and forced them to remove their clothes, roll in the dirt, and for some specifically to rub the dirt on their genitals, accusing them of violating the curfew. The UPDF and UPF released statements condemning the actions and promised to prosecute the officers involved. By year’s end the UPF and UPDF had not released findings from their investigations.

Impunity was a problem, and it was widespread in the UPF, UPDF, the Uganda Prisons Service (UPS), and the executive branch. The security forces did not take adequate measures to investigate and bring to account officers implicated in human rights abuses, especially in incidents involving members of the political opposition. The UPDF did not arrest or prosecute the LDU officer whom amateur cellphone video showed shooting into a crowd of opposition supporters and killing Daniel Kyeyune (see section 1.a.). Impunity was widespread because authorities gave political and judicial cover to officials who committed human rights violations. While speaking on November 29 about the November 18-19 protests, President Museveni directed police to investigate and audit the killings of 20 unarmed protesters struck by stray bullets, but not of the other 34 unarmed protesters, who he said were rioters (see section 1.e.). On August 22, President Museveni commended the UPDF’s Special Forces Command (SFC) officers who beat Kyagulanyi in August 2018. Speaking at a police recruits graduation ceremony, Museveni stated: “I found the man (Kyagulanyi) had been beaten properly, in the right way. He boxed them, and they also tried to box back until they subdued him. I was surprised that the SFC people acted properly; it was self-defense and beyond self-defense they didn’t beat. It was in order.” The government also provided legal services to police and prison officers facing charges of abuse in court. On September 23, the Attorney General’s Office sent one of its lawyers to defend UPS officer Philemon Woniala in a civil court case that lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons filed against him in his individual capacity, accusing him of torture and inhuman treatment. The law bars government lawyers from defending officials sued in their individual capacity (see section 6). On July 20, the UPDF instituted human rights refresher training courses for its LDU officers to increase respect for human rights.

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