Judicial officers rap UHRC for slow response to rights abuse

By Francis Emorut                                                                

Judicial officers have rapped the Uganda Human Rights Commission (UHRC) for slow response to human rights abuse in the country.

"Uganda Human Rights Commission is very slow to condemn certain acts which are visible. The Commission should be the vanguard and keeper of rights and be quick to condemn rights violation," Kitgum Chief Magistrate Felix Omalla said.

This was in a veiled reference to the recent arrests of the former Premier Amama Mbabazi and Col. Dr. Kizza Besigye the former FDC president by Police and were detained for more than 12 hours in what Police called preventive arrest.

The Kitgum chief magistrate was supported by Alex Ojiji, the Mbarara chief magistrate, who questioned whether Special Investigation Unit (SIU) in Kireka is gazetted for torture.

Ajiji also lashed out the human rights body for keeping quiet when suspects are detained for more than 48 hours contrary to the Constitution's requirement of producing suspects in the courts of law before 48 hours elapses.

"What are you doing about detention for more than 48 hours, three weeks and four months? Is that not torture enough?" Ajiji asked.

A cross-section of  judicial officers attending a meeting on prosecution of perpetrators torture at Speke Resort Munyonyo Hotel in Kampala. Photo by Francis Emorut

The judicial officers were speaking during a meeting on prosecution of perpetrators of torture at Speke Resort Munyonyo in Kampala.

Human rights defender Christine Birabwa, who is also the national coordinator of Justice Centres Uganda, noted that some people in authority act with impunity.

She said the Police are the biggest perpetrators of torture in the country as this is attested by various human rights reports. 

The meeting hosted by UHRC attracted magistrates, resident state attorneys and chief magistrates was aimed at enlightening judicial officers on the Prevention and Prohibition of Torture Act 2012 and its implementation.

Responding to judicial officers' concerns Ruth Ssekindi, the Director, complaints, investigations and legal services at the UHRC, disagreed with the judicial officers saying that the agency doesn't work like Non-Government Organizations who condemn human rights violation immediately it happens.

"We are not slow but cautious. We just do our own investigations. We don't depend on media reports. We shall condemn after investigations," Ssekindi said.

Ruth Ssekindi, director of compliants, investigaters and legal services at UHRC addressing participants during a meeting on prosecution of perpetrators torture at Speke Resort Munyonyo Hotel in Kampala. Photo by Francis Emorut

She was backed by commissioner retired Col. Stephen Basaliza who said that the agency is an independent body which doesn't receive instructions from anywhere (orders from above).

He argued that because of its independence the agency has been ranked one of the best in Africa in handling human rights issues.

"The question of not reacting, we don't work like NGOs but we take our time and investigate," Basaliza said.

Christopher Ogwang, the senior human rights officer at the agency, explained that the latter can't be everywhere as it's thin on the ground (has 10 regional offices in the country).

He said despite the limitations the agency is moving forward progressively.

The Chief Magistrate of Kitgum Felix Omalla (right) talks to UHRC commissioner retired Col. Stephen Basaliza (left) and Nabweru chief magistrate Muhamadi Kasakya during the magistrates meeting on prosecution of perpetrators of torture at Speke Resort Munyonyo in Kampala. Photo by Francis Emorut

On rampant torture in the country Ssekindi explained that Police use it to extract information from suspects and is due to lack of law enforcement.

"The Police beat suspects (torture) to cause confession even when a person has not committed an offence," Ssekindi said.

About compensation of victims of torture Birabwa implored judicial officers to award adequate costs that would allow the victim to be rehabilitated.

"As a prosecutor it's critical to think of compensation in terms of severity. It should be commiserate to what was caused to the victim," Birabwa said.

She urged the judicial officers to ensure that torture is dealt with in the country.

Participants called on Government to put in more resources and conduct adequate training of Police in areas of investigations and forensic so as to implement the Torture Act 2012.