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{UAH} What do laws say in relation to torture and have any government forces ever been convicted of torture?

What do laws say in relation to torture and have any government forces ever been convicted of torture?

By  Joseph M Mutebi

Torture is prohibited under international law.

Ugandan law also protects the right to freedom from torture. Article 24 of the constitution states that:

No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment.

Torture is also criminalised by the Prevention and Prohibition of Torture Act (2012). A court which convicts a person of torture can impose a sentence of not more than 15 years imprisonment or a fine or both.

Despite these laws, torture appears to be rising in Uganda. The Uganda Human Rights Commission reported 346 complaints of torture in 2018. This was a 13% increase from the 306 complaints that were registered in 2017. The torture was allegedly mostly carried out by the police, the army and prison authorities.

It is against that background that the Uganda Human Rights Commission recommended that the Director of Public Prosecutions prosecute alleged perpetrators. However, there is no reported incident in which any of the perpetrators has been prosecuted.

Any person can institute a private prosecution against an alleged perpetrator of torture. However, attempts by victims of torture to institute private prosecutions against the perpetrators have also been unsuccessful. This is so because the Director of Public Prosecutions has taken over these private prosecutions and has not continued with them.

It would appear that the Director of Public Prosecutions' office is not interested in prosecuting law enforcement officers who are alleged to have committed torture.



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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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