Torture is criminal, illegal, and unconstitutional in Uganda. Freedom from Torture and cruel, inhuman or degrading treatment is a non derogable right under Articles 24 and 44 of the Constitution of Uganda and the State of Uganda is party to several regional, international protocols against torture such as the African Charter under Article5; International Covenant for Civil and Political Rights,UN Convention against torture; much as Uganda has since not signed the optional protocol to allow unlimited access to places of detention; which is also suspect. Uganda has gone ahead to criminalize acts of torture under the the Prevention and Prohibition of Torture Act (2012) which provides for a sentence of not more than 15 years imprisonment or a fine or both on conviction of torture; the Human Rights Enforcement Act which allows an action against any individual for the violation of human rights, the Penal Code Act among others. We are not short of legal frameworks to tame torture but rather lack of political will and implementation. The duty of the state is to create wealth for its citizens and protect the citizens and their wealth. It is the State’s sole responsibility to protect and promote the rights of its citizens and any State that fails to do so must be condemned.
We continue to witness incidents of torture and degrading treatment meted out on Ugandans and unfortunately, most of the perpetrators have gone unpunished. Where are the Ugandans that were arrested during the 2021 elections, have they ever been produced in court? The Uganda Human Rights Commission in its 23rd Annual Report indicates that out of the 3,283 complaints received, 549 were alleged human rights violations and there are many that go unreported. The most rampant torture has been orchestrated by the security agencies. The manner of arrest in this country is an illegal act of torture itself contrary to Article 23(2-9) of the Constitution. I have never seen, in my lifetime, a lawful arrest as enjoined by Article 23! Why assault, maim, beat, blindfold, kick to effect an arrest of an unarmed civilian? Why must a person be kidnapped and treated in an inhuman and degrading manner in the name of arrest? Why do we continue allowing “drones” with no registration plates to kidnap civilians to unknown and ungazetted detention centers while denying them access to lawyers, doctors, and family? Why is the UPDF, Police, Ministry of Justice, and the President not acting?
Why hasn’t the Inspector General of Police, Chief of Defence forces come out to condemn the evil acts and arrested their men and women for torture, should we take their silence as an abatement and approval to the crimes against Ugandans? It is disheartening to live in a country that supposedly respects human rights and democratic processes and yet Ugandans continue to be tortured; arraigned in Court at 7:00pm, charged and remanded without their Lawyer! It is unacceptable that these acts should continue under the watch of the Government. Why is it that Court orders such as Habeas Corpus, unconditional release and Bail cannot be respected by the security operatives? Who is the “order from above” they keep referring to?
Ugandans need accountability from Government and all agencies involved for the silence and continued torture of Ugandans! We are tired of the bloodshed and tears every day! Ugandans did not vote to renew the term of the current Government to be tortured and suppressed! We did not vote for a government to silence us! Government must respect and promote the freedoms of expression, opinion, and dissent. (This means that if this article does not go well with you, don’t beat me up, pen down your opinion in response). The tears and blood of Ugandans is on the shoulders of the leaders who have decided to go silent when human rights are being violated; One day, our God (as it is for our Motto) will deliver us; but at the cost of every leader who has abused their power and decided to keep silent and aloof at the wailings of the people.
The President, who is the fountain of honor needs to come out to apologize and give accountability to Ugandans for injustices meted on the people of Uganda. We want to see action; that all the perpetrators of torture and violators of human rights are arrested and face the full wrath of Justice and that as the Commander in Chief, he should call out his men and women in security to immediately stop the torture against Ugandans. It will be unfair, unjust, illogical to demand votes from us in the next election cycle when our parents, brothers, sisters, husbands, wives are dying away in torture in the hands of the state! We demand for an end to torture of all people and justice to all victims!
For God and my Country!
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