Judicial officers criticize UHRC

By Francis Emorut

JUDICIAL officers have rapped the Uganda Human Rights Commission (UHRC) for being slow to condemn 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 who were detained by Police 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 elapse.

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

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

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

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.

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.

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.

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 commensurate 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.