Court directs on MP Zaake's torture case

COURT

Court has directed Mityana Municipality Member of Parliament, Francis Butebi Zaake to file written submissions in a case in which he accuses government of torture.

When the case came up for hearing on Tuesday, Justice Esta Nambayo ordered the lawyers representing Zaake and Government to file written submissions before she sets a ruling date.

"The parties should ensure all submissions are in court record before January 13, 2021, when the case is coming up for mention," Nambayo directed.

Counsels Eron Kizza and Paul Keishari represents Zaake while Mark Muwonge the respondents.

The respondents are Attorney General (AG), Bob Kagarura, the Wamala Regional Police Commander, Alex Mwiine, the Mityana district police commander, and Elly Womanya, the commandant, Special Investigations Division (SID).

Others are Musa Walugembe, the officer in charge SID, Hamdani Twesigye, Haruna Mulungi Nsamba and Abel Kandiiho, the head, Chieftaincy of Military Investigations.

On June 5, 2020, Zaake sued the respondents in the Civil Division of the High Court, seeking orders staying all criminal proceedings against him in connection with his impugned arrest and torture.

Through Kiiza and Mugisha Advocates, Zaake seeks a declaration that intentionally inflicting pain and suffering on him during detention by the respondents and their subordinates infringes on his rights to dignity and freedom of torture, cruel, inhuman and degrading treatment.

"I was punched, kicked, pepper-sprayed in the eyes and tied in a fixed and stressful body position," he claims.
The legislator also contends that he was detained incommunicado for 10 days in several places not authorised by the law without allowing him access to medical treatment of his choice.

Zaake also seeks a declaration that the respondents infringed on his right to privacy by unlawfully entering into his home in Mityana district and conducting a search without a warrant.

Court documents indicate that on April 19, security operatives led by police commander Alex Mwine arrested Zaake from his home in Mityana district for distributing food to his constituents in contravention to President Museveni's directive on COVID-19.

The legislator was then produced before the Chief Magistrate's Court at Mityana and charged with a negligent act likely to spread coronavirus infection.

He appeared before Chief Magistrate Elias Kakooza and denied the charges. The offence attracts a maximum sentence of five-year imprisonment, on conviction.

Prosecution alleges that MP Zaake on April 19 flouted lawful guidelines in relation to public gatherings and presidential directives on coronavirus and that he negligently distributed food to communities without putting in place necessary measures to stop the spread of COVID-19.

Defence
In his affidavit, ASP Musa Walugembe, attached to Special Investigations Division (SID) in Kireka said he received Zaake when he had bruises on his wrists, face, and referred him to Iran-Uganda Hospital in Naguru for treatment. Haruna Nsamba Mulungi, a detective attached to Uganda Police Force, denied torturing Zaake.

"While Zaake was talking to his cheering supporters, I handcuffed him peacefully because he was not violent," he said.

The policemen say the allegations of torture levelled against them by Zaake are in bad faith and meant to curtail their official duties.
They say their role is to keep law and order in the society and that AG is vicariously liable for any actions done during the official duties of government.