Gulu tortured man: Government ordered to pay sh60m

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GULU

The Uganda Human Rights Commission (UHRC) court Tribunal has ordered the government of Uganda to pay sh60m for life compensation to the family of Mathew Omona who was viciously tortured and killed by UPDF soldiers in 2006.

In the court which was chaired by Mariam Wangadya and three other commissioners; Simeo Muwanga Nsubuga, Shifrah Lukwago, Jacklet Atuhaire Rwabukurukuru, the court heard that on February 2, 2006, Omona, a resident of Layibi in Gulu municipality was arrested, viciously tortured and killed by UPDF soldiers at Coo Pe trading centre in Bungatira sub-county when he was going to Patiko to buy food.

Court further heard that Omona on reaching Coo Pe trading centre, stopped to buy soda in one of the shops and pulled out a sh50,000 note, but the UPDF took him to be a rebel collaborator, arrested him where seven soldiers viciously tortured him to death and dumped him at the roadside.

Simeo Muwanga Nsubuga in his court ruling said UPDF violated the right of Omona because according to constitution article 21 (i), everyone deserves the right to life and have a fair hearing in case there was a case against them.

He said the bereaved family deserve general compensation of sh60m with an interest of 10% from the day of the court ruling until the compensation is paid in full which is supposed to support his two wives; Esther Ayat and Farida Akello and his five children being headed by Alex Ojera who lodged the case at Uganda Human Rights Commission.

However, the same court dismissed a case of torture, cruel inhumane or degrading treatment on Patrick Komakech that he didn’t produce witnesses who either visited him while in UPDF detention or those he was within detention to testify.

The court heard that on September 17, 2002, while at Lacek-ocot Market in Pader, Komakech was arrested by UPDF on suspicion of having an illegal gun and detained at Gang Dyang UPDF detach in Kitgum town and later transferred to Pajimo barrack where he spent up to seven months.

Court heard that while at UPDF detention, Komakech's hands were tied at his back for a day and got paralyzed and was beaten from joint to joint, but Shifrah Lukwago during her ruling said Komakech cannot be compensated and failed to prove that he was arrested.

Shifrah told the court that Komakech did not bring witnesses from people who were detained together with him or his relatives who visited him when he was in detention and there was no identity of people who arrested him; he doesn’t know the date of his arrest and when he was set free and doesn’t know the duration of his detention.

She said Komakech can appeal in the high court within 30 days of her ruling if he is not satisfied.

Pauline Nansamba Mukumba, director complaints investigation and legal services UHRC, said they are handling 18 complaints in the Gulu office for two days.

She said most of the cases are against UPDF during the LRA insurgency, Uganda police and two cases against Uganda prison service being presented by the attorney general.

Nansamba said 11 files arose from alleged violations of freedom from torture, cruel inhumane or degrading treatment, four files alleged to right to live and four files alleged to right to personal liberty.

“We are mandated under article 52 of the constitution to investigate the complaints of allegations of human rights violation and provide redress through the UHRC tribunal where we hold sessions around the country in our 12 regional offices. This year, we kicked off the sessions from our head office, Lira, Soroti, and in Gulu where we are handling 18 complaints for two days”, she remarked.

Phiona Abalo Opoka, the regional manager UHRC Gulu office said they have 142 matters before tribunal, 113 pending case lifting, nine for the first hearing, six for settlement and 14 have been partly heard.