Court awards sh50m in damages to Kakwenza over torture

Self-exiled novelist Kakwenza Rukirabashaija has been awarded sh50m in damages by the Civil Division of the High Court in Kampala after making a finding that he was tortured by security agencies following his arrest in April 2020.

On April 13, 2020, Kakwenza was arrested by security agencies and held incommunicado until April 20, 2020, when he was produced before Iganga Chief Magistrates Court and charged with an act likely to spread an infectious disease (COVID-19).

In a ruling dated October 23, High Court Judge Boniface Wamala pronounced that detaining Kakwenza from April 13, 2020, to April 20, 2020, in custody without being produced in court was illegal and violated his right to personal liberty guaranteed under Article 23(4) of the Constitution and hence awarded him sh40m in general damages and sh10m in exemplary damages.

Justice Wamala also said the beating, kicking, blindfolding, hanging and dragging Kakwenza while hand and leg-cuffed and holding him incommunicado for seven days amounted to torture, cruel, inhuman and degrading treatment and constituted breach of his right to human dignity and freedom from torture, cruel, inhuman and degrading treatment under Articles 24 and 44(a) of the Constitution.

Citing the Constitutional Court decision in the case of Behangana and another versus Attorney General, Justice Wamala also ruled that searching his home without a search warrant infringed on his right to privacy and property contrary to Article 27(1)(a) and (2) of the Constitution.

In regard to infringement of his freedom of speech, expression, conscience and belief as an author, Justice Wamala said he failed to prove it.

Kakwenza had linked his arrest to a novel titled the Greedy Barbarian. 

Eron Kiiza represented Kakwenza in the case.

The defence

Mugisha Twinomugisha, a state attorney in the chambers of the Attorney General had asked the court to dismiss the case arguing that the Permanent Secretary, Ministry of Defence and Veteran Affairs informed the Solicitor General that the allegations contained in Kakwenza’s affidavit were false despite having been arrested and detained by the security agencies.

Kakwenza case

In an affidavit, Kakwenza stated that he was arrested from his home in Iganga by military men and others in civilian clothes on April 13, 2020, blindfolded and driven to a destination that he later came to know from other detainees as Chieftaincy of Military Intelligence (CMI) headquarters.

He stated that they knocked his ankles using gun butts, batons and other solid objects, leading to the swelling of the ankles.

He further stated that they denied him his glasses, denied him medicine, punched his eyes and flogged him with sticks.

He stated that he was blindfolded during the military detention except in the toilet where he was sleeping.

Kakwenza said he was also forced to kneel on stones with his arms straight tied from above his head and feet and chained from behind.

He said on April 18, 2020, he was transferred to the Special Investigations Unit in Kireka where he endured further detention until April 20, 2020, when he was taken to Iganga Chief Magistrates Court and charged without a lawyer and was remanded to Busesa Government prisons.

Kakwenza also said he was not informed of the reason for his arrest and was not allowed to see his relatives or lawyers and the military doctor he talked about his torture and pain rudely rubbished his complaint aside.