‘Impotent’ man fathers kid

By Josephine Maseruka

The Uganda Human Rights Commission (UHRC) has revealed that some men falsely claim impotence as a result of torture to be awarded damages.

Commissioner Mariam Wangadya yesterday told a meeting with the judiciary at Hotel Africana in Kampala that the commission had a problem with victims exaggerating facts.

She cited the case of Ophen Embati, who was awarded sh21m after he testified that he had become impotent as a result of torture by state agencies. She said the doctor, who examined him, confirmed the alleged impotence and the matter was confirmed by the man’s wife, who described in detail the efforts she had taken to arouse her husband.

“About four weeks later, Embati came to the commission to inquire about the procedure of getting the damages, together with his wife and their five-month-old baby,” the commissioner narrated.

Wangadya amused participants when she said Embati had alleged he had been impotent for the previous four years.

“I personally presided over the hearing of this complaint. I exclaimed: ‘Embati, is this your baby?’ He said: ‘yes’. ‘But you are supposed to be impotent!’ And he laughed.”

Wangadya lamented that by the time they realised it was fraud, the Attorney General had already cleared the payments.

To more laughter, Justice Ann Magezi of the High Court told the commissioner not to worry about impotence claims since “even impotent men can produce”.

Listing other challenges faced by the commission, Wangadya regretted that most complainants were hardcore criminals.

She cited the case of Matiya Mulika who defiled and impregnated his sister’s daughter. The couple wanted to kill the baby, who was narrowly saved by a local council official.

Mulika was detained by Mpigi Police for 14 days and charged before the chief magistrate’s court. But his sister later forgave him, as to avoid further embarrassment to the family. Upon acquittal, Mulika lodged a complaint for violation of his right to personal liberty.

“The challenge was to think of an award of damages which would not send out a message that crime pays. I gave nominal damages to recognise that a complainant’s constitutional rights were abused. He was given only sh100,000.”

Justice J.B. Katutsi said human rights should be a two-way traffic. “It should not go to those who complain most. Why should a murderer plead for his rights without thinking of the one he killed?”