{UAH} Torture is a shame to our country
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10:21 AM |
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The recent media reports and graphic images showing the torture suffered by suspects previously detained at Nalufenya police station are quite disturbing, particularly those of the Kamwenge town council mayor.
Geoffrey Byamukama was shown with gaping, septic wounds on his knees and ankles! Such torture is evidence of the many human rights violations which undermine human dignity, access to justice and rule of law.
These allegations are sadly not new to the public. On several occasions, security agencies such as the police and army have been castigated for torturing apprehended suspects, like those arrested during the attack on the Rwenzururu kingdom.
Unfortunately, incidents of torture tend to go unrecognized because they are hidden from the glaring eye of the cameras and the public with many victims suffering silently. Despite Uganda's ratification of the United Nations Convention Against Torture in 1984, plus her enactment of the Prevention and Prohibition of Torture Act, 2012, it is worrying to see that torture is still employed by security agencies who are supposed to be custodians of the law.
The preamble and article 1 of the Universal Declaration of Human Rights (UDHR), which Uganda is a signatory to, recognizes the inherent enjoyment of human dignity and of the equal and inalienable rights of all members of the human family, the foundation of freedom, justice and peace in the world.
Accordingly, the right to human dignity is the basis for international and national human rights law. The aspirations and principles of the UDHR have been expressed in various national and international legal frameworks.
The freedom from torture and other cruel, inhuman and degrading treatment or punishment is prohibited as a gross human rights violation under international customary law and the national laws of other countries globally.
Under the United Nations Convention Against Torture (CAT) of 1984, torture involves intentional infliction of pain by a state official to obtain information or at the encouragement of or with the consent or knowledge of a public official or other person acting in an official capacity.
This definition, according to the Prevention and Prohibition of Torture Act 2012 of Uganda, has been widened to include not only torture by state actors but also private individuals, a departure from international law. Therefore, article 24 of the Constitution and Section 3(1) of the Prevention and Prohibition of Torture Act, 2012 both state: "No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment."
It is important to note that torture is a serious violation of the right to enjoyment of the right to human dignity and, therefore, freedom from torture is regarded as a non-derogable human right, also emphasized in Article 44 of the Constitution, where it is one of the four inalienable rights.
Torture often results in mental breakdown, permanent disability, death, and miscarriage of justice. This is why it is an offence punishable by imprisonment for fifteen years or a fine of three hundred and sixty currency points or both. And if it is of an aggravated nature, the offender and anyone jointly connected with the commission of the act is liable on conviction to life imprisonment.
It is, therefore, perturbing to see the manner in which police is conducting investigations and how the law is openly being disregarded with impunity. It is surprising that the security agencies are employing torture to extract evidence despite the fact that the law reiterates the inadmissibility of such evidence obtained by torture.
Article 50 of the Constitution allows for compensation of victims of torture, but how many times have we seen this being adequately implemented? Quite often, victims are left to suffer in silence; others are given little compensation that can barely repair the damage caused.
In light of the public outrage, and in an effort to redeem its image, police has indicated that it will now subject individual officers to account for their actions.
While the top echelons of police have come out to distance themselves from torture reports, they remain vicariously liable as highlighted in the law, which makes the superior office equally liable for offences committed by subordinates.
Instead of torturing people to extract confessions, security agencies should rather focus on improving their investigative capabilities and ensuring implementation of guidelines and procedures that deter torture.
Torture is crippling the hand of justice as suspects make wrong confessions, causing unnecessary financial loss to government and delays in apprehending the real culprits. There must be real commitment by security agencies, and not just good public relations, fighting any form of torture at all levels.
The masses are also called upon to report torture and end impunity by supporting the elimination of this degrading, archaic action in our country.
The author is a research and knowledge management officer at the Legal Aid Service Providers Network (LASPNET).
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