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KAMPALA - The International Crimes Division of the High Court has declined to acquit three men charged with terrorism and belonging to a terrorist organisation.

Luyenjje Najjimu, Rashid Abdu Katumba, and Arafat Kiyemba had asked the court to clear them of the charges on grounds that they were tortured to admit guilt.

However, Justice Susan Okalany today, April 23, 2024, ruled that the applicants did not discharge the burden of proof that their right to freedom from torture, cruel, inhuman and degrading treatment was violated.

They had claimed that while at Chieftaincy of Military Intelligence, they were thumped, beaten with wires and they sustained injuries on their limbs, and suffered psychological torture, trauma, and pain.

“The only evidence adduced are the applicant’s affidavits in which they parrot one another in their averments and yet they claim to have drafted their affidavits individually.

Except for the names of the applicants, their narrations therein are the same word per word. It is not possible for two human beings, even if they witnessed a similar ordeal, to narrate it using exact words. It seems the applicants agreed on a storyline before filing the application,” she observed.

In those circumstances, the judge said the court would set a dangerous precedent to rely only on the applicant’s averments to find that they were tortured.

Najjimu and Kiyemba are battling charges of belonging to a terrorist organisation, contrary to section 11 (1) of the Anti-Terrorism Act, while Katumba is charged with terrorism, contrary to section 7 (2) of the Anti-Terorism Act. The offences attract maximum sentences of death upon conviction.