Ghost

A STATE OF IMPUNITY: ASSESSING THE OCCURRENCE OF ARBITRARY
DETENTION AND TORTURE IN UGANDA
BY
AMOLA ARTHUR ISAAC
REG NO: 18/U/1802/GBL/PS
A DISSERTATION SUBMITTED TO THE FACULTY OF LAW IN THE PARTIAL

FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE BACHELOR
OF LAWS AT GULU UNIVERSITY
AUGUST, 2022
i
DECLARATION
I, Amola Arthur Isaac hereby declare that this thesis is originally mine and has never
been submitted in any other academic institution. I also declare that all secondary
information used has been acknowledged accordingly.
Signature ……………………………………
AMOLA ARTHUR ISAAC
REG NO: 18/U/1802/GBL/PS
Date ………………………………………..
i
APPROVAL
This work has been supervised and approved, as having met the minimum standards of
the institution, and in partial fulfillment of the requirements for the award of Bachelor
(LLB) Degree of the Faculty of Law, Gulu University.
Signature ………………………………….
Dr. Emmanuel Okurut
(Supervisor)
Date ……………………………………..
ii
ABSTRACT
In Chapter 4 of the Ugandan Constitution, there are numerous provisions that address
human rights. Additionally, Uganda has ratified the 1984 Convention against Torture.
According to the Convention, governments are required to implement efficient
legislative, judicial, administrative, and other safeguards to stop acts of torture and
other forms of ill-treatment within their borders. Uganda passed the Anti-Torture Act in
response to the Preamble of the Constitution, which acknowledges that torture has
been a part of Uganda's history. It has provisions in its domestic laws that forbid the
use of torture and other cruel treatment. It also specifies the proper punishments for
public servants and other people acting in an official role who abuse detainees and
prisoners, among other sorts of cruel treatment.
The use of torture and other types of ill-treatment is still ubiquitous and is routinely
performed in practically all regions of the country with impunity, despite all the tools
and systems put in place to prevent and eradicate it. This study will examine whether
Uganda has put in place enough constitutional, legal, and institutional safeguards to
ensure that those deprived of their liberty have the right to be free from torture and
other forms of ill-treatment.
iii
DEDICATION
The stories of unresolved issues keep us in the dark about what our roles in this world
actually entail. I believe that in order to stop this habit of terror, we should all be our
brothers' keeper and the watchers in the night. This piece is devoted to those without a
voice who are oppressed by organizations whose goal is to uphold the law.
iv
ACKNOWLEDGEMENT
It would be hard to name everyone who helped make this project successful. However,
I genuinely appreciate my entire family's efforts for the encouragement and financial
assistance they tirelessly provided me with during my time at Gulu University. The
entire faculty of law staff, both academic and non-academic, has my sincere gratitude.
I want to express my gratitude to Dr. Emmanuel Okurut, my supervisor, for all of his
patience, understanding, support, and careful oversight of this project from beginning
to end.
v
LIST OF STATUTES
1995 Constitution of Uganda as amended.
Anti-Terrorism Act 2012.
Presidential Elections Act.
Penal Code Act Cap 120.
Prevention and Prohibition of Torture Act 2012.
UPDF Act 2005.
Evidence Act.
Prisons Act 2006.
Control of Aliens Act.
Refugee Act.
United Nations Convention against Torture.
European Convention on Human Rights.
American Convention on Human Rights.
Universal Declaration of Human Rights.
Criminal Procedure Code Act
Public Order Management Act
vi
LIST OF ACRONYMS
NGOs - Non-Government Organizations.
ICC – International Criminal Court.
OPCAT – Optical Protocol Convention against Torture.
ECPT – European Convention for Prevention of Torture.
ICCPR – International Convention on Civil and Political Rights.
ACTV – African Centre for the Treatment and Rehabilitation of Torture Victims.
LRA – Lord Resistance Army.
KHRI – Kumi Human Rights Initiative.
UHRC – Uganda Human Rights Commission.
FDC – Forum for Democratic Change.
GCM – General Court Martial.
CMI – Chieftaincy of Military Intelligence.
ISO – Internal Security Organization.
VCCU – Violent Crime Crack Unit.
FHRI – Foundation for Human Rights Initiative.
ACHPR – African Charter on Human and Peoples Rights.
DPP – Directorate of Public Prosecutions.
JLOS – Justice Law and Order Sector.
vii
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UPDF – Uganda Peoples Defence Force.
TOCINET – Tororo Civil Society Network.
xxi
Table of Contents
DECLARATION.........................................................................................................................................i
APPROVAL...............................................................................................................................................ii
ABSTRACT...............................................................................................................................................iii
DEDICATION..........................................................................................................................................iv
ACKNOWLEDGEMENT..........................................................................................................................v
LIST OF STATUTES...............................................................................................................................vi
LIST OF ACRONYMS...........................................................................................................................vii
BIBLIOGRAPHY...................................................................................................................................viii
CHAPTER ONE........................................................................................................................................1
1.0 General Introduction....................................................................................................................1
1.1 Background......................................................................................................................................2
1.2 Statement of the problem..........................................................................................................4
1.3 Objectives of the Study...............................................................................................................5
1.4 Research questions.......................................................................................................................5
1.5 Significance of the study............................................................................................................6
1.6 Legal consideration.......................................................................................................................6
1.7 Hypothesis.......................................................................................................................................6
1.8 Research methodology................................................................................................................7
1.8.1 Open-Source Research.........................................................................................................7
1.8.2 Desktop Research..................................................................................................................7
1.9 Literature review...........................................................................................................................8
1.10 Limitations..................................................................................................................................11
Conclusion.............................................................................................................................................12
CHAPTER TWO.....................................................................................................................................13
THEORETICAL AND CONCEPTUAL FRAMEWORK FOR TORTURE........................................13
2.1 Theoretical Framework.............................................................................................................13
2.2The Concept of Torture...............................................................................................................13
xxii
2.3 Torture in practice.......................................................................................................................13
2.3.1 Current and historical levels of torture........................................................................13
2.3.2 Perpetrators...........................................................................................................................17
2.3.3 Torture Methods...............................................................................................................18
2.4 Conclusion......................................................................................................................................28
2.4.1 Effect and susceptibility....................................................................................................28
CHAPTER THREE..................................................................................................................................30
ADVOCACY AND OBSTACLES IN THE WAY OF JUSTICE FOR TORTURE VICTIMS.........30
3.1 Victims' demands and needs...................................................................................................31
3.2 Important legal obstacles to the prohibition of torture and remedies for torture
survivors in Uganda...........................................................................................................................31
3.3 Practical impediments that impede victims' access to justice....................................35
3.3.1 Attitudes of torture survivors in the public................................................................35
3.3.2 Factors preventing torture survivors from accessing justice...............................35
3.4 The Legal and Institutional Framework..............................................................................36
3.4.1 1995 Constitution of Uganda as amended..................................................................37
3.4.2 The Prevention and Prohibition of Torture Act 2012, SS2 (1).............................38
3.4.3 The United Nations Convention against Torture.......................................................38
3.4.4 UHRC........................................................................................................................................40
3.4.5 Uganda Police Force...........................................................................................................41
3.4.6 Prisons System.....................................................................................................................43
3.4.7 Directorate of Public Prosecutions................................................................................43
3.5 Conclusion......................................................................................................................................44
3.5.1 Judicial Remedies................................................................................................................44
3.5.2 Non-judicial remedies........................................................................................................45
CHAPTER FOUR....................................................................................................................................47
THE ABILITY OF CIVIL SOCIETY TO SUPPORT TORTURE SUBSEGMENTS......................47
4.1 Civil Society and Its Function..................................................................................................47
4.1.1 NGOs that combat torture................................................................................................47
4.1.2 Legal Capacity of NGOs......................................................................................................48
4.1.3 Training...............................................................................................................................49
4.2 History, services, capability, training, and legal program of ACTV's role................50
4.3 Treatment capacity, quantity, and quality for torture survivors................................52
xxiii
4.4 Expanding ACTV service availability.....................................................................................53
4.4.1 Prisons.....................................................................................................................................53
4.5 The advocacy and communication plan...............................................................................53
4.6 Conclusion......................................................................................................................................54
CHAPTER FIVE......................................................................................................................................55
CONCLUSION AND RECOMMENDATIONS...................................................................................55
5.1 Introduction..................................................................................................................................55
5.2 Recommendations......................................................................................................................55
5.2.1 To the Executive...................................................................................................................55
5.2.2 To the Uganda Human Rights Commission.................................................................56
5.2.3 Regarding the Uganda Police Force..........................................................................57
5.3 Conclusion......................................................................................................................................58
xxiv
CHAPTER ONE
1.0 General Introduction

The law on arbitrary detention and torture 1 states that a person is arrested and
detained by the government without due process or the legal safeguards of a fair trial. 2
According to NGOs' reports, torture is often used particularly in safe houses which are
unapproved sites of imprisonment.3 Detainees frequently allege severe beatings and
psychological torture during interrogations,4 including live threats and showing them
other people who have been tortured and have visible marks to instil fear and
obedience.5 Commentary by Roselyn Karugonja Segawa reaffirms the above statement
sighting that it is quite unfortunate that the various circumstances are revisited in this
motherland.6
On June 26, 2022, the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment will have been in force for twenty
years.7 This significant milestone calls for critical reflection on what has been
accomplished in the 35 years since the Convention went into effect tackling the serenity
in eradicating the plague of torture and acknowledging the pain that many victims
around the world have suffered.8
1
Johanna Bjorken, ‘Welcome to Hell’: Arbitrary Detention, Torture, and Extortion in Chechnya (Human Rights
Watch 2000) pp48.
2
Byrnes Andrew, ‘Fresh perspectives on the war on terror: More Law or Less Law? (2008) pp127.
3
Abdulmumini A Oba, ‘HUMAN RIGHTS CONCERNS IN MUSEVENI’S UGANDA’ (2005) 47 Journal of the Indian Law
Institute 351.
4
Liam Taylor, ‘How One Writer’s Story Ignited a Debate about Torture in Uganda’
<https://www.aljazeera.com/news/2022/2/11/kakwenza-rukirabashaija-torture-debate-uganda> accessed 5 June
2022.
5
‘Saudi Arabia: Arbitrary Detention, Torture of Women’s Rights Defender Loujain Al-Hathloul’ ( Lawyers’ Rights
Watch Canada, 18 December 2020) <https://www.lrwc.org/saudi-arabia-arbitrary-detention-torture-of-womens-
rights-defender-loujain-al-hathloul/> accessed 5 June 2022.
6
Pre-Trial Detention in Uganda pp12.
7
‘Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (OHCHR)
<https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-
inhuman-or-degrading> accessed 4 June 2022.
8
Nannozi Susanie Ggoobi and others, ‘Brutal Arrests, Illegal Detention and Torture: A Failed Test for Rule of Law in
Uganda’ (Africa Portal, 23 December 2021) <https://www.africaportal.org/publications/brutal-arrests-illegal-
detention-and-torture-failed-test-rule-law-uganda/> accessed 4 June 2022.
1
With 144 State Parties, the Convention is one of the 2most extensively approved
treaties.9 The word "torture" conjures up visions of some of the most heinous forms of
physical and psychological torture for most people, 10 yet the variety and severity of
torture and cruel, inhuman, or humiliating treatment on punishment is endless, and
11
anybody can be a victim. Its purpose, as stated in the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (Istanbul Protocol), is to destroy not only individuals' physical
and emotional well-being but also their dignity and will of entire communities.
Commentary by Kakwenza Rukirabashaija acknowledges the tyranny of this inhuman
act as unfortunate towards the victims that may seek redress. 12
1.1 Background
Uganda has a long history of torture, 13 which is frequently carried out on a big scale. 14 A
Commission of Inquiry was established in 1986 to look into the abuses of the Human
Rights Committee from 1962 to 1986. 15 Over 200 witnesses were interrogated by the
Commission, which concluded that "a very substantial number of people in Uganda
were subjected to torture and cruel, inhuman, and degrading treatment or
punishment."16 Torture as it stands was primarily employed as a tool of repression by
Obote, Idi Amin, and different interim governments. 17 This was commonly employed
against members of other communities and political opponents due to the ethnic base
and dictatorial exercise of power.18 Evidence reaching the author asserts the notion that
9
‘United Nations Treaty Collection’ <https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-
9&chapter=4&clang=_en> accessed 5 June 2022.
10
Sarah Joseph, Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the
UN Treaty Bodies (Boris Wijkstrom 2006) pp36.
11
Jemera Rone, Uganda, State of Pain: Torture in Uganda (Human Rights Watch 2004) pp22.
12
Kakwenza Rukirabashaija, The Greedy Barbarian (2020) pp86.
13
Chris Dolan, Social Torture: The Case of Northern Uganda, 1986-2006 (Berghahn Books 2009) pp219.
14
‘Torture after Torture after Torture in Uganda!’ (Monitor, 23 April 2022)
<https://www.monitor.co.ug/uganda/oped/commentary/torture-after-torture-after-torture-in-uganda--3792496>
15
Joanna R Quinn, Constraints: The Un-Doing of the Uganda Truth Commission, Human Rights Quarterly Vol26 No2
(2004) pp401-427.
16
Ibid 430.
17
Human Rights Watch Staff and others, Hostile to Democracy: The Movement System and Political Repression in
Uganda (Human Rights Watch 1999) pp30.
18
Jemera Rone, Uganda, State of Pain: Torture in Uganda (Human Rights Watch 2004) pp59.
2
the inhumane arbitrary detention and torture 19 proclaimed in Uganda is a clear replica
of the past events that ushered in no results of remorse and any available solutions. 20
As a result, with a change in power, 21 members of the formerly dominant ethnic group,
as well as some of the torturers themselves, became victims of torture, 22 as happened
after Idi Amin's collapse in 1979.23 More so, for nearly 35 years, a diverse range of
ethnic and political groupings have been subjected to torture by at least one
dictatorship.24 Furthermore, commentary by Jonathan Fisher asserts that the scope of
arbitrary detention and torture in Uganda is just the beginning of unanswered tales that
leaves havoc on the countrymen.25
The current state of arbitrary detention and torture in Uganda 26 leaves readers in a
gloomy mood due to credible reports of forced disappearances. 27 The use of physical
and mental torture of Ugandan citizens by the deep security forces 28 reflects poorly on
the government and undermines the Constitution of the Republic of Uganda, which
aims to prohibit torture, cruel, inhuman, or degrading treatment. 29 Although the
authorities have occasionally acknowledged the atrocities, 30 they have done little to stop
19
Reed Brody and Human Rights Watch (Organization), Getting Away with Torture: The Bush Administration and
Mistreatment of Detainees (Human Rights Watch 2011) pp58-60.
20
Stanley Cohen, ‘State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past’
(1995) 20 Law & Social Inquiry 7.
21
Deborah A Colwill, Conflict, Power, and Organizational Change (Taylor & Francis 2021) pp54.
22
Monica Luci and Daniela Di Rado, ‘The Special Needs of Victims of Torture or Serious Violence: A Qualitative
Research in EU’ (2020) 18 Journal of Immigrant & Refugee Studies 405.
23
Erin Baines, ‘In Idi Amin’s Shadow: Women, Gender, and Militarism in Uganda by Alicia C. Decker (Review)’
(2015) 58 African Studies Review 239.
24
Halima Athumani, ‘Uganda’s Security Agencies Accused of Torture, Disappearances of Civilians’ (VOA)
<https://www.voanews.com/a/uganda-security-agencies-accused-of-torture-disappearances-of-civilians/
6496166.html> accessed 6 June 2022.
25
See; ‘When it pays to be a fragile state’: Uganda’s use and abuse of a dubious concept pp316-332.
26
Rebecca Tapscott, Arbitrary States: Social Control and Modern Authoritarianism in Museveni’s Uganda (Oxford
University Press 2021) <https://library.oapen.org/handle/20.500.12657/49735> accessed 6 June 2022.
27
Rosa Brooks and others, The Scars of Death: Children Abducted by the Lord’s Resistance Army in Uganda (Human
Rights Watch 1997) pp13.
28
‘CNN.Com - No End in Sight for Africa’s Suffering Masses - Jun 21, 2006’
<https://edition.cnn.com/2006/WORLD/africa/06/19/koinange.africa/index.html> accessed 6 June 2022.
29
1995 Constitution of Uganda as amended Article 22.
30
Isaias Rojas-Perez, Mourning Remains: State Atrocity, Exhumations, and Governing the Disappeared in Peru’s
Postwar Andes (Stanford University Press 2017) pp86.
3
them or bring justice to the victims and their families. 31 During and after their arrest,
the victims confront continuous physical, mental, and economic issues, as well as
barriers to justice.32 This is due to the Ugandan government's failure to hold security
agents accountable for the illegal detention and torture of hundreds of government
critics, opposition supporters, peaceful protestors, and others.33
1.2 Statement of the problem

Uganda's government does not possess an explicit anti-torture policy. 34 This has mainly
ignored the Ugandan Human Rights Commission's requests to improve the
accountability of torturers and ensure the enforcement of reparation awards. 35 As a
result, Human rights defenders find it difficult to seek legal recourse, treatment, 36 and
psychosocial support for the threats they face due to a lack of resources on both an
organizational and personal level. 37 Everyone agrees that torture and other cruel,
inhumane, or degrading treatment or punishment should not be condoned under any
circumstances,38 but the practice persists beneath veiled masks.39 Torture survivors are
excluded, alienated, and disadvantaged in their communities without formal
acknowledgement of the crime,40 and their medical, psychological, and social
31
GG Fitzmaurice, ‘The Meaning of the Term Denial of Justice’ (1932) 13 British Year Book of International Law 93,
pp1.
32
‘A State of Torture?’ (Monitor, 8 February 2022) <https://www.monitor.co.ug/uganda/special-reports/a-state-of-
torture--3708986> accessed 6 June 2022.
33
Mary McNeil and Carmen Malena, Demanding Good Governance: Lessons from Social Accountability Initiatives in
Africa (World Bank Publications 2010) pp35.
34
Howard Adelman and Astri Suhrke, The Path of a Genocide: The Rwanda Crisis from Uganda to Zaire (Transaction
Publishers) pp120.
35
<https://www.monitor.co.ug/uganda/special-reports/torture-we-have-learnt-nothing-from-history-3723438>
36
Courtney Hillebrecht, Domestic Politics and International Human Rights Tribunals: The Problem of Compliance
37
‘Interactive Effects of Personal and Organizational Resources on Frontline Bank Employees’ Job Outcomes: The
Mediating Role of Person-Job Fit | Emerald Insight’
<https://www.emerald.com/insight/content/doi/10.1108/IJBM-10-2014-0149/full/html> accessed 16 June 2022.
38
‘UK Guidance on Torture Challenged by Watchdog’ BBC News (27 September 2010)
<https://www.bbc.com/news/uk-politics-11414770> accessed 16 June 2022.
39
Anne Aly and David Walker, ‘Veiled Threats: Recurrent Cultural Anxieties in Australia’ (2007) 27 Journal of
Muslim Minority Affairs 203, pp203-214.
40
Ibrahim A Kira and others, ‘Group Therapy for Refugees and Torture Survivors: Treatment Model Innovations’
(2012) 62 International Journal of Group Psychotherapy 69, pp69-88.
4
rehabilitative needs are disregarded or forgotten.41 As a result, despite many measures
to prohibit torture,42 such as the ban against torture, torture has persisted in Uganda, 43
necessitating the necessity for this research article to fill in the gaps.
1.3 Objectives of the Study

1) To gain a thorough awareness of the situation of torture and conflict victims in
the country.
2) To examine the critical issues that need to be addressed to improve access to
justice and suitable forms of restitution.
3) To serve as a springboard for future efforts to assist torture survivors
throughout the country.
4) To help determine the form and content of future work on Ugandan civil society
organizations and others fighting torture.
1.4 Research questions

1) How well does Uganda's government safeguard and implement the right to be
free from torture and other forms of ill-treatment, as well as the Constitution and
other human rights instruments?
2) To what extent have torturers been held accountable for their actions?
3) How well-informed are the perpetrators and victims on the right to be free of
torture?
4) In Uganda, how well has the law on the Prevention and Prohibition of Torture
been implemented?
1.5 Significance of the study

The research will be groundbreaking in terms of gaining a better understanding of the
threats and barriers that people encounter in exercising their right to be free of torture
41
Aurel Croissant and David Kuehn, Reforming Civil-Military Relations in New Democracies: Democratic Control and
Military Effectiveness in Comparative Perspectives (Springer 2017).
42
Richard Carver and Lisa Handley, Does Torture Prevention Work? (Oxford University Press 2016) pp86.
43
‘Torture Cases on the Rise’ (New Vision) <https://www.newvision.co.ug/articledetails/1329702> accessed 16
June 2022.
5
and inhuman treatment.44 The resulting report will provide insight into the nature of
threats to human rights defenders in Uganda, an area that has previously been
overlooked by human rights campaigners. 45 As a result, the research will serve as a
foundation for future advocacy in Uganda for the promotion and protection of the right
to be free from torture and inhuman treatment. 46 The report will provide insight into the
nature of dangers, the various participants and their roles, and the mechanisms through
which risks to life express themselves. To devise intervention strategies that would see
the protection and enjoyment of these absolute yet frequently violated rights in the
country, a thorough study of the players and tactics of torture will be necessary.
1.6 Legal consideration

To assess the threats and problems encountered by those whose rights have been
infringed to develop measures targeted at increasing human capability so that people
can defend themselves. The results of the poll will be used by the researcher to inform
future initiatives in the preservation of individual rights, particularly freedom from
torture.
1.7 Hypothesis
Torture is reported to be a widespread problem in Uganda, with the majority of cases
being perpetrated by the government. Despite its presence, the legislation is rarely
followed to the letter, resulting in the continuous existence of torture and the abolition
of freedom from torture.
1.8 Research methodology

The study will concentrate on qualitative data to provide a full assessment of the status
and scope of beneficiaries and their needs, as well as the structural and practical
44
MB Sullivan, Undisclosed Threat (Lulu.com 2019) pp110.
45
‘Human Rights – NBS Television’ <https://nbs.ug/tag/human-rights/> accessed 17 June 2022.
46
Laura Stănilă, ‘To Punish or to Torture? About Inhuman Treatment in the Recent View of the Strassbourg Court’
[2017] Journal of Eastern European Criminal Law 256, pp256-264.
6
challenges that survivors of torture face in seeking justice. The doctrinal research
approach utilized to conduct this study, which required desktop research, included the
following steps:
1.8.1 Open-Source Research

Consultation and analysis of a variety of documents, including law, official publications,
UN documents, and NGO reports, both from Uganda and from regional and worldwide
sources.
1.8.2 Desktop Research

This was aimed at evaluating records and research publications, particularly those in
which interviews were done with various people against whom torture had been
committed determining the nature of the threats, the sources of the threats, and the
means of seeking redress. The publications will be chosen based on the authors'
experience and the scope of their work. Human rights defenders who have been
tortured as a result of their activity were given priority in research papers. The
information obtained from the articles was analyzed, and then a report was created.
Other reports, such as newspaper reports and organizational reports by human rights
organizations on human rights violations, were reviewed to fully assess and inform the
researcher on the current situation to provide concrete information on the enjoyment of
the right to freedom from torture as enshrined in the Ugandan Constitution.
7
1.9 Literature review
Arbitrary detention and torture47 have been the subject of research in a variety of
academic fields. The question of whether this may ever be acceptable has been
debated philosophically and ethically. 48 The International Criminal Court (ICC) defines
torture as a war crime and a crime against humanity committed during a period of
systematic and widespread violence, according to the Rome Statute. 49
The physical and mental ramifications of torture, 50 as well as the care of torture victims,
have sparked a huge corpus of research. More specifically for this study, there is a
substantial body of literature on the prohibition of torture in international law and the
obligations that states bear under customary law, international humanitarian law, and
human rights law, including the two international preventive treaties, the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(UNCAT) and its Optional Protocol (OPCAT), as well as the European Convention for the
Prevention of Torture (ECPT).51
Psychological research52 is crucial to this subject since it tends to show that people are
more likely to torture and arbitrary detention when particular conditions exist 53, implying
that the answer to the preventive question resides at the level of rules and systems
rather than morals or selecting the appropriate people. This premise, however, could be
critiqued for failing to recognize that some people are innately nasty and take pleasure
in seeing others suffer,54 which could be another explanation for the occurrence of
torture, as not all torture is state-sponsored. However, social scientific or historical
47
Hanan Salah, The Endless Wait: Long-Term Arbitrary Detentions and Torture in Western Libya (Human Rights
Watch 2015) pp33.
48
Jean Bethke Elshtain, ‘Reflection on the Problem of Dirty Hands,’ in Torture: A Collection, ed. Stanford Levinson
(New York: Oxford University Press 2004).
49
Rome Statute of International Criminal Court open for signature 17 th July 1998, 2187 UNTS 3 (entered into force
01 July 2002) arts 7, 8.
50
J Jeremy Wisnewski and RD Emerick, The Ethics of Torture (A&C Black 2009) pp121.
51
The classic source being Nigel Rodley, The Treatment of Prisoners under International Law 3 rd Edition (Oxford:
Oxford University Press, 2009).
52
Philip G Zimbardo, The Lucifer Effect: Understanding How Good People Turn Evil (New York: Random House,
2007), Stanley Milgram, Obedience to authority; an experimental view, 1 st Edition (New York: Harper & Row, 1974).
53
c
54
‘FGM: Despite the Ban, the Monster Still Rears Its Ugly Head in Uganda’ (New Vision)
<https://www.newvision.co.ug/articledetails/1313812> accessed 17 June 2022.
8
research into the origins of torture and the elements that may prevent or ameliorate it
is relatively scarce.55 Of course, there are major exceptions to this rule. Langbein and
others have sought to explain the decline of torture in Europe by tracing its history. 56
Their research, on the other hand, falls short of addressing the history of torture in
Africa, which this study will aim to do.
Even in modern democracies, torture persists, according to Rejali. 57 He claims that state
agencies frequently support the torture of civilians whilst enslaving them to unknown
safe houses, particularly when there is political protest. 58 He went on to explain the
implications of the anti-torture convention on governments and any nations that have
access to it.59 This is in line with Hathaway's work, which sparked a cottage industry 60
devoted to explaining the impact (or lack thereof) of the Convention against Torture. 61
These two scholars, however, overlook the fact that, even if signed by various state
parties, such conventions are not binding on them unless they are ratified. This is due
to a conflict between international and municipal law which is the more important. 62
This connects with a much broader argument among international relations researchers
about why states comply (or do not comply) with international human rights law, which
is relevant to this study. 63 It has been stated that qualitative human rights researchers
are more positive than their quantitative colleagues in their conclusions. 64
55
Joseph McCabe, The History of Torture - a Study of Cruelty, the Ugliest Impulse in Man (Read Books 2011) pp34.
56
See; John H Langbein, Torture and the Law of Proof: Europe and England in the Ancient Regime (1976) pp102.
57
Darius Rejali, Torture and Democracy (Princeton University Press 2009) pp74
<https://www.degruyter.com/document/doi/10.1515/9781400830879/html> accessed 17 June 2022.
58
‘Shut Secret “torture” Sites, Rights Group Urges Uganda’ (The East African, 22 March 2022)
<https://www.theeastafrican.co.ke/tea/news/east-africa/shut-secret-torture-sites-rights-group-urges-uganda-
3756552> accessed 17 June 2022.
59
Hanne Hagtvedt Vik and Skage Alexander Østberg, ‘Sweden, Amnesty International and Legal Entrepreneurs in
Global Anti-Torture Politics, 1967–1977’ (2021) 0 The International History Review 1, pp16.
60
‘Balkanization: The Burning Question’ <https://balkin.blogspot.com/2006/09/burning-question.html> accessed
17 June 2022.
61
Oona A Hathaway, ‘Do Human Rights Treaties Make a Difference?’ Yale Law Journal 111 (2002) also for example
James R Hollyer and B Peter Rosendorff, ‘Do Human Rights Agreements Prolong the Tenure of Autocratic Ratifiers?’
New York University Journal of International Law and Politics 44 (2012).
62
Daniel P O’Connell, ‘Relationship between International Law and Municipal Law’ (1959) 48 Georgetown Law
Journal 431.
63
Harold Hongju Koh, ‘How Is International Human Rights Law Enforced’ (1998) 74 Indiana Law Journal 1397.
64
Emilia Hafner-Burton and James Ron, ‘Seeing Double: Human Rights Impact through Qualitative and Quantitative
Eyes,’ World Politics 61, no2 (2009).
9
Torture, according to many scholars, is the deliberate infliction of injury on the essence
of human individuality and dignity. 65 As a result, customary international law and treaty-
based international law both ban it. The right to be free of torture has been
characterized as a peremptory standard that is recognized as a Jus Cogens principle. 66
The Jus Cogens principle is a key element of customary international law that prohibits
torture in all situations. The Vienna Convention on the Law of Treaties guarantees that
if a treaty provision disagrees with peremptory principles, the treaty provision becomes
null and void. Furthermore, because of their status as peremptory rules, the Human
Rights Committee (CCPR/C) has underlined that several non-derogable rights, such as
the prohibition of torture and arbitrary deduction of life, cannot be reserved.
Whatever the validity of that insight, it is undeniable that qualitative and quantitative
researchers investigating the causes of torture or mitigating variables explore in quite
different directions. The inexorable concentration of qualitative researchers on limited
numbers of case studies compels them to investigate the impact of specific mechanisms
or actions on the occurrence of torture, 67 such as law reforms, justice procedures, or
the establishment of visiting bodies for closed institutions. Quantitative researchers
have tended to focus on bigger issues like major political shifts or the ratification of
international human rights treaties.
Both approaches have the potential to provide useful information in the quest for ways
to measure the dependent variable - the incidence (or change in the incidence) of
torture as well as identify and operationalize the independent variables that may explain
it.
The legal and normative literature explicating states' obligations under international
human rights law, which encompasses the complete range of potential preventative
65
See, e.g., Manfred Nowak and Elizabeth McArthur, The United Nations Convention Against Torture A
Commentary (Oxford University Press 2008) 1; Sussman, David, ‘What’s Wrong with Torture?’ (2005) 33
Philosophy & Public Affairs 1-33, Winston P, Nagan and Lucie Atkins ‘The International Law of Torture: From
Universal Perspective to Effective Application and Enforcement’ (2001) 14 Harvard Human Rights Journal 88.
66
Aniel Caro de Beer, Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of
Terrorism (BRILL 2019) pp20.
67
FM Kamm, Ethics for Enemies: Terror, Torture, and War (OUP Oxford 2013) pp24.
10
measures, is the focus of this research study. Second, it examines some of the findings
of country case studies to uncover either effective preventive measures or elements
that are thought to explain the persistence of arbitrary detention and torture. Third, this
study examines global comparative research of the elements that explain or mitigate
torture and other abuses of physical integrity rights. Fourth, it finishes with a critical
examination of the primary worldwide torture indices, which are used in the majority of
global comparison research.
1.10 Limitations
Qualitative data collection procedures, such as the ones utilized in this study, have
inherent limitations when it comes to understanding the link between various ideas. As
a result, it's critical to identify the limitations that may have influenced the findings of
this study.
There's a chance that authors won't be able to give accurate recollections of what
transpired during interviews, which could lead to recall errors. The recall issue could
also be caused by the fact that some of the intended respondents may have forgotten
about certain incidents.
Changes in political sentiment may also have an impact on the research. Human rights
breaches are at an all-time high in Uganda during political events, particularly during
electioneering. As a result, if the research is conducted during a "political holiday," the
researcher may not obtain the most accurate facts.
Another constraint faced by the researcher in this study was time. The time constraint
was so short, but the job required was not just massive, but also so varied. The
researcher has addressed the problems produced by this limitation by offering an
extensive bibliography to which the reader can turn for a better knowledge of the
subject matter, which is torture.
Another setback encountered during this research was a financial issue. The data
collection costs a lot of money. Because the majority of the work had to be done online,
a lot of money was spent on the internet. In some cases, the researcher required
11
transportation to visit well-known libraries in and around Kampala and Gulu to obtain
firsthand data and information for the completion of this study. All of this came at a
price in one way or another.
Conclusion
As earlier discussed, I remain sceptical towards the literature being presented because
of the reoccurrence of events from the torture that leaves a void of expectancy of what
may result in a proper chain of governance.
12
CHAPTER TWO
THEORETICAL AND CONCEPTUAL FRAMEWORK FOR TORTURE
2.1 Theoretical Framework

In this chapter, the situation of torture victims is evaluated. It focuses on the extent of
torture, various victimized groups, the context and type of torture, 68 the setting and the
perpetrators,69 as well as the susceptibility of victims, especially to how they react to
torture.70 Its goal is to give a succinct overview of the scope and type of torture in
Uganda as well as the victimization experienced by different groups to find solutions to
problems related to torture committed against a specific group or in a specific
situation.71
2.2The Concept of Torture

The term "torture" as used in international law is sighted as an act that qualifies both
common Article 3 of the Four Geneva Conventions of 1949, which also covers torture by
non-state actors like armed rebel groups, and Article 1 of the UN Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT),
which calls for some level of official involvement. The term "victim" is used by the
Fundamental Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Serious and Gross Violations of International Human Rights Law.
2.3 Torture in practice

2.3.1 Current and historical levels of torture
68
Arthur Charles Howland, Torture as a Source of Historical Evidence: An Inquiry into the Extent and Worth of the
History Resting upon It (Cornell University 1893) pp174.
69
Rosanna Bellini and others, ‘Choice-Point: Fostering Awareness and Choice with Perpetrators in Domestic
Violence Interventions’, Proceedings of the 2020 CHI Conference on Human Factors in Computing Systems
(Association for Computing Machinery 2020) pp1-14 <https://doi.org/10.1145/3313831.3376386> accessed 2 July
2022.
70
‘THE VICTIMS OF SUSCEPTIBILITY. - ProQuest’ pp236-238
<https://www.proquest.com/openview/fce133339471255d/1?pq-origsite=gscholar&cbl=1795> accessed 2 July
2022.
71
The Situational Analysis on the Prevalence of Torture in Uganda (African Centre for Treatment and Rehabilitation
of Torture Victims (ACTV) 2015) pp100.
13
(I). Past abuse. (1962-1995)
In a 1969 lawsuit brought by Denmark and other states against the Greek military
government,72 the severity of pain or suffering inflicted by torture initially came to
light.73 Article 3 of the European Convention, which states that ‘no one shall be
subjected to torture or cruel or degrading treatment or punishment, ’ was called upon to
be interpreted there by the (now-defunct) European Commission of Human Rights
(Commission). As a result, when a new government comes into power, this gives birth
to members of the formerly dominant ethnic group and even some of the torturers
themselves become the victims of torture, as was the case in 1979 after Idi Amin was
overthrown.74 Henceforth, numerous individuals of various racial and political groups
suffered torture at the hands of at least one regime for nearly 25 years. 75
Only in 1994 did the Commission release its final report, which included several
recommendations.76 A major reason for this failure was the lack of political will on the
part of the Government and the lack of victim mobilization. 77 Of these, the
recommendations to prosecute those implicated in human rights violations between
1962 and 1986 and to compensate victims of torture went largely unheeded. 78 Much
can be linked in particular to the diverse victim groups and the civil society's emphasis
on persistent abuses.79 This is revealed on record of the majority of human rights
organizations, such as the African Centre for the Treatment and Rehabilitation of
72
Keith R Legg, Politics in Modern Greece (Stanford University Press 1969) pp56-60.
73
Elisabeth Hoffberger-Pippan, Less-Lethal Weapons under International Law: A Three-Dimensional Perspective
74
‘The Uganda–Tanzania War, the Fall of Idi Amin, and the Failure of African Diplomacy, 1978–1979: Journal of
Eastern African Studies: Vol8, No 4’ pp692-709
<https://www.tandfonline.com/doi/abs/10.1080/17531055.2014.946236> accessed 3 July 2022.
75
‘TORTURE IN UGANDA: Is There an End in Sight? | ON THE SPOT’ (NTV Uganda, 11 February 2022)
<https://www.ntv.co.ug/ug/shows/on-the-spot/torture-in-uganda-is-there-an-end-in-sight-on-the-spot-3713030>
76
Pearl of Blood, Summary of the Report of the Uganda Commission of Inquiry into the Violation of Human Rights,
UPPC, October 1994, pp64-94.
77
Joanna R Quinn, The Politics of Acknowledgement: Analysis of Uganda’s Truth Commission, YCISS Working Paper
Number, 19 March 2003 pp21-22.
78
Amnesty International, Uganda, the Human Rights Record, 1986-1989 (Amnesty International Publications 1989)
pp52.
79
Bessel A Van der Kolk and others, ‘Disorders of Extreme Stress: The Empirical Foundation of a Complex
Adaptation to Trauma’ (2005) 18 Journal of Traumatic Stress 389, pp389-399.
14
Torture Victims (ACTV), that didn't start operating until the 1990s, 80 mostly in response
to existing abuses at the time or, in the North, to violations that occurred during the
ongoing conflict.81 There hasn't been any systematic mapping of the number of torture
victims,82 let alone coordinated efforts to identify their needs and make reparations. 83
While many victims from the time before 1986 will have passed away due to time, a
sizable number are presumably still living. 84
There are also other torture survivors during the early years of Museveni’s Government
(1986–1995), including political rivals, suspected LRA members, criminal suspects, and
prisoners.85 The cut-off date is significant 86 because, before 1995, when the current
Constitution was adopted and the Uganda Human Rights Commission was established 87
(remedies that have become available to torture survivors, as a result, are detailed in
more detail below),88 victims of torture had much more limited access to justice. 89 Many
torture survivors from this period have cases with organizations like ACTV and the Kumi
Human Rights Initiative (KHRI), which was founded in 2001. 90 The Ugandan Human
80
Human Rights Watch/Africa and Human Rights Watch Children’s Rights Project (ed.), The Scars of Death:
Children Abducted by the Lord’s Resistance Army in Uganda (Human Rights Watch 1997) pp70-80.
81
‘CALLED TO ACCOUNT: HOW AFRICAN GOVERNMENTS INVESTIGATE HUMAN RIGHTS VIOLATIONS | African
Affairs | Oxford Academic’ pp391-415 <https://academic.oup.com/afraf/article-abstract/89/356/391/58484>
82
Tobias Kelly, This Side of Silence: Human Rights, Torture, and the Recognition of Cruelty (University of
Pennsylvania Press 2011) pp111.
83
Renée Jeffery, ‘Beyond Repair? Collective and Moral Reparations at the Khmer Rouge Tribunal’ (2014) 13 Journal
of Human Rights 103, pp103-119.
84
‘Revisiting the Mukura Massacre 28 Years Later’ (Monitor, 9 January 2021)
<https://www.monitor.co.ug/uganda/magazines/people-power/revisiting-the-mukura-massacre-28-years-later-
1710750> accessed 4 July 2022.
85
Christopher Gerald Dolan, ‘Understanding War and Its Continuation: The Case of Northern Uganda’ (PhD, London
School of Economics and Political Science 2005) pp105.<http://etheses.lse.ac.uk/832/> accessed 5 July 2022.
86
Handbook of Old-Age, Survivors, and Disability Insurance Statistics (US Department of Health, Education, and
Welfare, Social Security Administration, Division of Research and Statistics 1945) pp25.
87
1995 Constitution of Uganda as amended, Article 51.
88
John Hatchard, ‘A New Breed of Institution: The Development of Human Rights Commissions in Commonwealth
Africa with Particular Reference to the Uganda Human Rights Commission’ (1999) 32 Comparative and
International Law Journal of Southern Africa 28.
89
‘Equal Justice Remains Elusive for the Poor | Al Jazeera America’
<http://america.aljazeera.com/opinions/2015/6/equal-justice-remains-elusive-for-the-poor.html> accessed 5 July
2022.
90
Janet I Lewis, How Insurgency Begins: Rebel Group Formation in Uganda and Beyond (Cambridge University Press
2020) pp64.
15
Rights Commission has not heard their cases,91 and they ostensibly cannot file lawsuits
because the statutes of limitations have passed, leaving the victims without any legal
redress.92 Little to no compensation has been given to those who were harmed before
1995.93
(ii). Torture victims in the present.
Since 1995, thousands of people have experienced torture. 94 It is challenging to make

an educated guess as to the total number of torture victims in the lack of any official
statistics.95 The number of victims treated by ACTV and the number of complaints
against torture made to the Ugandan Human Rights Commission (of which, on average,
75% are upheld by the Commission) is an appropriate measure of the extent of
torture.96 Since 1999, ACTV has provided care to 2,632 torture survivors. 97 To identify if
a client has been subjected to torture, ACTV uses the UNCAT definition and reliable
screening techniques.98 The number of torture survivors treated each year has
increased from 437 in 2004 to 752 in 2005 to 1145 in 2006 (626 in the Kampala office
of ACTV and 519 in the recently built Gulu office). 99 ACTV explains this rise to a greater
understanding of torture and the services it offers. 100 Around 87 per cent of ACTV
91
Ibid pp100.
92
Lawrence Murugu Mute, ‘Ensuring Freedom from Torture under the African Human Rights System’ [2020]
Research Handbook on Torture 227, pp227-257.
93
‘Acholi MPs Reject Apaa Govt Compensation Plan’ (NTV Uganda, 28 May 2021)
<https://www.ntv.co.ug/ug/news/acholi-mps-reject-apaa-govt-compensation-plan-2397716> accessed 5 July
2022.
94
Hal Marcovitz, Exposing Torture: Centuries of Cruelty (Twenty-First Century Books 2015) pp68.
95
Courtenay R Conrad, Daniel W Hill and Will H Moore, ‘Torture and the Limits of Democratic Institutions’ (2018)
55 Journal of Peace Research 3.
96
‘ACTV-Situational-Analysis-on-the-Prevalence-of-Torture-in-Uganda-Report-June-2016_2.Pdf’ pp20-25
<https://actvuganda.org/download/Publications/ACTV-Situational-Analysis-on-the-Prevalence-of-Torture-in-
Uganda-Report-June-2016_2.pdf> accessed 5 July 2022.
97
Ibid pp28-30.
98
Lene Wendland, ‘A Handbook on State Obligations under the UN Convention against Torture’ 94, pp15.
99
‘Torture Cases on the Rise’ (New Vision) <https://www.newvision.co.ug/articledetails/1329702> accessed 5 July
2022.
100
Emma Baird and others, ‘Interventions for Treating Persistent Pain in Survivors of Torture’ [2017] Cochrane
Database of Systematic Reviews
<https://www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD012051.pub2/full> accessed 5 July 2022.
16
subscribers in 2005 and 2006 were from Uganda, with the remainder originating from
nearby nations.101
Between 1997 and the end of 2005, 102 the UHRC received 1,963 complaints alleging
acts of torture.103 The number of complaints increased significantly from the initial 30
that were noted in 1997, peaking at 488 in 2004, and then declining to 256 in 2005. 104
Around 1,500 of the complaints can be confirmed because a significant portion of these
cases are usually proven in the UHRC Tribunal (77.2% in 2005; not all complaints
received have been resolved yet).105 Commentary by William A Schabas elaborates on
the above fact that this crisis is adamantly present in our current status quo with no
remorse rendered to the victims at large. 106
2.3.2 Perpetrators
As defined in international criminal law and international humanitarian law, which use
definitions similar to those in Article 1 of the UN Convention against Torture without
requiring the participation of a state official, rebel groups, in particular, the masked
drone vehicles and non-gazetted security agencies, are also alleged to be responsible
for acts of torture. According to reports, Uganda has several security agencies that have
engaged in torture.107 Although the police are mandated by Ugandan law to uphold the
law,108 this remains a myth than a reality since numerous organizations arrest, jail, and
even torture detainees.109 Evidence reaching the author exposes such organizations 110
101
See; ACTV Annual Reports 2005 and 2006.
102
Uganda Human Rights Commission, 8th Annual Report 2005 pp52.
103
The Police, the People, the Politics: Police Accountability in Uganda (CHRI 2006) pp6.
104
Emmanuel Okurut, ‘Accountability for Acts of Torture by Counter Terrorism Law Enforcement Officials in
Uganda’ (2017) 25 University of Botswana Law Journal 3, pp54.
105
Jamil Ddamulira Mujuzi, ‘The Uganda Human Rights Commission and the Promotion and Protection of the Right
of Freedom from Torture (1997-2006)’ (2007) 5 International Journal of Civil Society Law 97, pp16-20.
106
The Death Penalty as Cruel Treatment and Torture: Capital Punishment Challenged in the World Courts (UPNE
1996) pp76-80.
107
IBP Inc., UK National Intelligence Services Handbook Volume 1 Strategic Information, Activities and Regulations
(Lulu.com 2016) pp39.
108
Police Act (Chapter 303), s4.
109
‘The Prescribed Roles of Police in a Free Society: Analyzing State Legal Codes: Justice Quarterly: Vol 10, No 4’
pp683-695 <https://www.tandfonline.com/doi/abs/10.1080/07418829300092071?journalCode=rjqy20> accessed
6 July 2022.
110
‘Open Secret: Illegal Detention and Torture by the Joint Anti-Terrorism Task Force in Uganda’ (Human Rights
Watch 2009) pp25 <https://www.hrw.org/report/2009/04/08/open-secret/illegal-detention-and-torture-joint-anti-
terrorism-task-force-uganda> accessed 6 July 2022.
17
frequently disguise themselves as law enforcement officials. Judith Sunderland
acknowledges that these organizations frequently take victims out of the reach of the
law and place them in fictitious "safe houses," making it harder to track them down and
fostering an atmosphere of impunity.111
2.3.3 Torture Methods

Regular kicking and slapping, severe beatings with rifle butts, sticks, and other items
tying the victim's hands and ankles, maintaining detainees bound together in mud pits,
and seriously injuring the private parts are the order of the day. 112 The victim is forced
to lie face up with their mouths open while the tap is turned on into their mouth. 113
Water torture, sometimes known as "Liverpool," is another physical kind of torture, 114 as
the cry of gang-raping female victims remains unanswered. 115 There have been
instances of torture that have purportedly caused the victims to pass away. 116 The rate
of death threats is alarming, 117 shoving the pistol's nozzle into the victim's mouth, 118
showing him fresh graves, dead bodies, or snakes, making captives watch other people
being tortured, depriving them of food and sleep, 119 and other psychological torture
techniques are used.120
111
No Questions Asked: Intelligence Cooperation with Countries That Torture (Human Rights Watch 2010) pp62.
112
Foundations for Human Rights Initiative (FHRI), Status Report, 2005, pp17.
113
Evan Wallach, ‘Drop by Drop: Forgetting the History of Water Torture in U.S. Courts’ (2006) 45 Columbia Journal
of Transnational Law 468.
114
‘Torture and Democracy - Darius Rejali - Google Books’ pp281 <https://books.google.co.ug/books?id=-
L8GtJY_J00C&pg=PA281&dq=water+torture+commonly+known+as+liverpool&hl=en&sa=X&ved=2ahUKEwiUnfy5-
_L4AhV7hP0HHca9A04Q6AF6BAgIEAI#v=onepage&q=water%20torture%20commonly%20known%20as
%20liverpool&f=false> accessed 12 July 2022.
115
‘The Female Fear: The Social Cost of Rape - Margaret T. Gordon, Stephanie Riger - Google Books’ pp28
id=4N6i2tfpp5sC&pg=PA28&dq=gang+raping+female+victims&hl=en&sa=X&ved=2ahUKEwjY-Ljc-
_L4AhVvgv0HHUgLD9UQ6AF6BAgEEAI#v=onepage&q=gang%20raping%20female%20victims&f=false> accessed 12
July 2022.
116
FHRI, Deprivation of the Right to Life: Liberty and Security of Persons in Uganda, 2006, supra, pp14.
117
‘Video: Adam Kinzinger Posts Death Threats Made against Him to Social Media - CNN Video’
<https://edition.cnn.com/videos/politics/2022/07/05/adam-kinzinger-voicemails-jim-himes-tsr-sot-vpx.cnn/
video/playlists/top-news-videos/> accessed 12 July 2022.
118
G (n’30).
119
Ibid 50.
120
‘The Worst Scars Are in the Mind: Psychological Torture | International Review of the Red Cross | Cambridge
Core’ pp591-617 <https://www.cambridge.org/core/journals/international-review-of-the-red-cross/article/abs/
worst-scars-are-in-the-mind-psychological-torture/44EE99C15D24A176A0725F16F4E861D9> accessed 12 July
2022.
18
The most common method of torture included kicking and beating (79.7% per cent),
rape (26 per cent), and witnessing family members, relatives, and other victims
tortured (48 per cent), with the army accounting for 85.8% of the perpetrators,
according to a 3-year retrospective study of a total of 310 patient records at ACTV
conducted in 1998-1999.121 Due to growing knowledge, improved documentation, and
the (limited) accountability before the UHRC and courts, there are fears that torture
techniques have advanced and that offenders are attempting to leave fewer clues, such
as by holding victims under water.122
2.3.4 Participants in the political opposition

Over the past ten years, there have been numerous instances of political opponents
being tortured.123 According to some NGOs, political opponents frequently experience
the worst torture.124 This is witnessed by those who are affiliated with a political party
or movement that opposes the government or its policies. 125 More so party members,
campaigners, sympathizers, and anyone who is against the government's policies 126 are
politically engaged individuals, mostly men, including both younger and more
experienced activists.127 Many grassroots activists reside in rural locations, 128 even
though the majority of more senior individuals are headquartered in Kampala. 129
121
Helen Liebling and Rebecca Kiziri-Mayengo, ‘The Psychological Effects of Gender-Based Violence Following
Armed Conflict in Luwero District, Uganda’ (2002) 12 Feminism & Psychology 553.
122
‘Bobi Wine in U.S. after Alleged Torture - CNN Video’ <https://edition.cnn.com/videos/world/2018/09/06/exp-
ugandas-bobi-wine-in-u-s-after-alleged-torture.cnn/video/playlists/intl-latest-world-videos/> accessed 6 July 2022.
123
See e.g. Human Rights Watch, State of Pain: Torture in Uganda, supra; FHRI Status Report, 2005 pp17.
124
Courtenay R Conrad, ‘Divergent Incentives for Dictators: Domestic Institutions and (International Promises Not
to) Torture’ (2014) 58 Journal of Conflict Resolution 34.
125
The Nairobi Law Monthly (Kaibi Limited 1987) pp27.
126
Peter Clottey, ‘Uganda Opposition Denounces Government Policies’ (VOA)
<https://www.voanews.com/a/uganda_opposition_denounces_governmente_policies/1363119.html> accessed 7
July 2022.
127
Sevasti-Melissa Nolas, Christos Varvantakis and Vinnarasan Aruldoss, Political Activism across the Life Course
(Taylor & Francis 2019) pp105.
128
‘Sacrificing for the Cause: Another Look at High-Risk/Cost Activism - ScienceDirect’ pp113-129
<https://www.sciencedirect.com/science/article/abs/pii/S1090952405000240> accessed 7 July 2022.
129
Asonzeh Ukah, ‘Emplacing God: The Social Worlds of Miracle Cities – Perspectives from Nigeria and Uganda’
(2018) 36 Journal of Contemporary African Studies 351, pp351-368.
19
There are numerous opposition organizations, 130 with the Forum for Democratic Change
(FDC), led by Patrick Amuriat, serving as the dominant one. 131 During the unrest
surrounding the 2001 presidential election, 132 dozens of FDC sympathizers and other
government critics reportedly suffered torture. 133 Although there were fewer examples
of torture recorded during the actual 2006 presidential elections, 134 there were still
major violations, including a wave of arrests that included Kizza Besigye and were
widely believed to have been politically motivated. 135 Political opponents and members
of the now-involved National Unity Platform are routinely accused of treason or
terrorism and imprisoned for months or even years, almost always without being
brought to trial.136 The High Court granted bail to fourteen defendants in the case of
Kizza Besigye and 22 others, who were charged with treason and misprision of treason
(concealing of treason). Armed officers barged in, though, and stopped the processing
of the bail papers.137 The General Court Martial (GCM) charged the defendants with
crimes of terrorism and unlawful possession of guns based on the same facts while they
were still being held in detention.
The accused were only reluctantly brought before the court by the government, and
they were still not free. This is despite a ruling by the Constitutional Court on January
31, 2006, that the proceedings were unlawful and the GCM lacked jurisdiction to hear
130
Anders Sjögren, Between Militarism and Technocratic Governance: State Formation in Contemporary Uganda
(African Books Collective 2013) pp179.
131
Nicole Beardsworth, ‘Challenging Dominance: The Opposition, the Coalition and the 2016 Election in Uganda’
(2016) 10 Journal of Eastern African Studies 749, pp749-768.
132
Andrew Mwenda, ‘The Myth of Museveni’s Rigging’ (The Independent Uganda, 1 February 2021)
<https://www.independent.co.ug/the-myth-of-musevenis-rigging/> accessed 7 July 2022.
133
Human Rights Watch Staff and others, Hostile to Democracy: The Movement System and Political Repression in
Uganda (Human Rights Watch 1999) pp130.
134
<https://www.monitor.co.ug/uganda/special-reports/torture-we-have-learnt-nothing-from-history-3723438>
135
G (n’120).
136
Halima Athumani, ‘Uganda Opposition Lawmakers Re-Arrested after Bail, Face Treason Charges’ (VOA)
<https://www.voanews.com/a/uganda-opposition-lawmakers-re-arrested-after-bail-face-treason-charges-/
6248826.html> accessed 7 July 2022.
137
Alexander Schäfer, Isabel Schnabel and Beatrice Weder Di, ‘Bail-In Expectations for European Banks: Actions
Speak Louder than Words’ (1 April 2016) pp56 <https://papers.ssrn.com/abstract=3723353> accessed 7 July 2022.
20
the case.138 Additionally, a subsequent ruling by the same court on January 12, 2007,
found that the 14 suspects' continued detention violated their right to personal liberty
and ran counter to the judiciary's independence. 139 According to the majority of
documented incidents,140 government organizations such as the Joint Anti-Terrorism
Task Force, the International Security Organization, and the Chieftaincy of Military
Intelligence have detained people they believe to be political opponents in violation of
existing safeguards which have been in place since 1998 and which possibly make the
effects of torture worse.141
Political adversaries are particularly weak.142 This is perceived by political opponents

that frequently endure violence, including torture, 143 at the hands of government agents
during election seasons, and this behaviour is unbecoming by the general public. 144
They frequently lack access to attorneys, 145 are unable to invoke the habeas corpus
procedure,146 and frequently lack timely access to an impartial doctor who could treat
them and vouch for any injuries sustained as a result of torture. 147 As a result, they
138
Ronald Naluwairo, The Trials and Tribulations of Rtd. Col. Dr. Kizza Besigye and 22 Others, A Critical Evaluation
of the Role of the General Court Martial in the Administration of Justice in Uganda , HURIPEC Working Paper No.1,
October 2006.
139
See Position of the Uganda Human Rights Commission on the Continued Detention of the People’s Redemption
Army (PRA) Suspects, in The New Vision, 1 February 2007, p.34.
140
DR Leitch, ‘A Study of Unusual Incidents in a Well-Documented Series of Dives’ (1981) 52 Aviation, space, and
environmental medicine 618.
141
According to the Army, “safe houses” are used “to isolate the hardcore suspected terrorists and prevent them
from alerting their ‘friends in crime’ still at large so as to deter their possible escape.”(UCHR, 8 th Annual Report
2005, p.120) In practice, however, “safe houses” have been used for torture purposes, often against those
suspected of “terrorist crimes,” including members of the political opposition. Following national and international
protests, the Government announced that all “safe houses” have been closed down but there are continuing
credible reports of torture in such locations. Moreover, safe houses have been replaced by a regime of special cells
that deprives suspects of basic safeguards and the right to complain. See FHRI, Deprivation of the Right to Life,
Liberty and Security of Person in Uganda, 2006, supra, p.18.
142
David C Gompert and Hans Binnendijk, The Power to Coerce: Countering Adversaries without Going to War
(Rand Corporation 2016) pp24.
143
Patrick Hein, ‘Dictators and Their Secret Police: Coercive Institutions and State Violence. Studies of the
Weatherhead East Asian Institute; Cambridge Studies in Contentious Politics. By Sheena Chestnut Greitens’ (2018)
91 Pacific Affairs 123, pp123-125.
144
Ron E Hassner, ‘What Do We Know about Interrogational Torture?’ (2020) 33 International Journal of
Intelligence and Counterintelligence 4, pp4-42.
145
Michael McConville and Chester L Mirsky, Criminal Defense of the Poor in New York City (Center for Research in
Crime and Justice at New York University School of Law 1989) pp42.
146
Ibid pp50.
147
Institute of Medicine, Board on Health Sciences Policy and Committee on Understanding and Eliminating Racial
and Ethnic Disparities in Health Care, Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care
21
frequently lack legal protections which has become a recurring activity. 148 Additionally,
the UPDF Act of 2005 permits civilians who have colluded with service members to
commit specific crimes or who are discovered in possession of weapons against the law
to face charges in courts-martial under military justice. 149 The latest law amendments
have stripped civilians of some of the protections available in criminal proceedings
before conventional courts because the legal safeguards available in the military justice
system are insufficient.150
2.3.5 Torture of typical crime suspects

People with lesser socioeconomic status are more likely to be targeted by the police and
specialized units created to fight crime, 151 according to the victim profile of ACTV and
anecdotal data.152 "The surviving victims were largely women and of a peasant, poor
income, and low education socioeconomic class," claims the three-year analysis of 310
patient records.153 One of the key causes of the continued use of torture 154 is the habit
that appears to have become institutionalized among the police and special law
enforcement agencies of employing violence and torture to obtain information and
confessions.155
It appears that torture has also been alluded to induce informants out of suspects. 156
The creation of specialized units, such as the Violent Crime Crack Unit (VCCU), which
consists of the CMI, ISO, and other agencies and has been given broad authority to
(with CD) (National Academies Press 2009) pp125.

148
See Okumu and Okello v Attorney General, High Court of Uganda, Case No. HCT 02 CV-MA 063 of 2002.
149
See Section 119 (g) and (h) of the Uganda Peoples’ Defense Forces Act, 2005.
150
FHRI, Deprivation of the Right to Life, Liberty and Security of Person in Uganda, 2006, supra, pp.57 et seq.
151
Daniel P Mannix, The History of Torture (eNet Press) pp50.
152
Human Rights Network (Uganda), HURINET (U): A Profile of Member Organizations 2004 (Human Rights
Network, Uganda 2004) pp64.
153
Seggane Musisi, E. Kinyanda, R. Mayengo-Kiziri and H. Liebling, Post-Traumatic Torture Disorders in Uganda: A 3
Year Retrospective Study of Patient Records at a Specialised Torture Treatment Centre in Kampala, Uganda, 1999.
See also ACTV, Annual Report, 2004, pp.19 et seq. and 2005, pp.20 et seq.
154
G (n’73-80).
155
‘Indian Police Use Violence as a Shortcut to Justice. It’s the Poorest Who Bear the Scars - CNN’
<https://edition.cnn.com/2020/12/02/india/police-brutality-india-dst-intl-hnk/index.html> accessed 8 July 2022.
156
‘Farmer-Herder Conflicts and Human Security in North Central Nigeria : Issues and Remedies - ProQuest’ pp103-
123 <https://www.proquest.com/openview/e0d541c438c9f3d2ec26695186145b83/1?pq-
origsite=gscholar&cbl=2044838> accessed 8 July 2022.
22
address the rise in violent crimes, weakens legal protections. 157 The VCCU has taken the
position of "Operations Wembley," which was started in 2002 and was also marked by
grave abuses, including torture.158 The method used by the VCCU to make arrests, as
well as how prisoners are held and "confessions" and other information are obtained, 159
violates every accepted legal and moral standard, claims FHRI. 160 Suspects frequently
endure brutal beatings and other forms of torture, and 60 per cent of the cases that are
brought before magistrates are thought to be founded on confessions. In a historic
decision, the High Court ruled that evidence gathered in violation of the Bill of Rights
should not be allowed (in the instance at hand, illegal imprisonment; hence, a fortiori, it
would also apply to torture). 161 This is per the Evidence Act's requirements, which state
that confessions obtained by torture are irrelevant. 162 However, D W Bowett asserts that
the burden of the defence is to prove that the prisoner did not willingly confess or make
a statement163, and in reality, courts have occasionally appeared to accept admissions
made under duress.164
The majority of violations occur in Kampala, 165 mostly whilst the victims are under the
care of the relevant organizations or in "safe houses’’. 166 Particularly by the VCCU,167
157
Dr Francis K Sang CBS, A Noble but Onerous Duty: An Autobiography by Former Director of Criminal Investigation
Department (Cid) (Author House 2013) pp40.
158
The Justice Update (Foundation for Human Rights Initiative (FHRI) 2004) pp7.
159
Ibid pp10.
160
‘Ilhan Omar: I’m Going to Unmask the System of Oppression in US | Islamophobia News | Al Jazeera’
<https://www.aljazeera.com/news/2019/7/23/ilhan-omar-im-going-to-unmask-the-system-of-oppression-in-us>
161
Kalawudio Wamala v. Uganda, Criminal Session case No.442/1996 (H.C).
162
See Article 24 of the Evidence Act, DATE: “A confession made by an accused person is irrelevant if the making of
the confession appears to the court, having regard to the state of mind of the accused person and to all the
circumstances, to have been caused by any violence, force, threat, inducement or promise calculated in the
opinion of the court to cause an untrue confession to be made.”
163
‘Coerced Confessions and the Jury: An Experimental Test of the “Harmless Error” Rule | SpringerLink’ pp27-48
<https://link.springer.com/article/10.1023/A:1024814009769> accessed 11 July 2022.
164
DW Bowett, ‘Estoppel before International Tribunals and Its Relation to Acquiescence’ (1957) 33 British Year
Book of International Law 176.
165
David Kaawa-Mafigiri and Eddy Joshua Walakira, Child Abuse and Neglect in Uganda (Springer 2017) pp105.
166
‘No Safe Houses in Uganda - Muhwezi’ (New Vision) <https://www.newvision.co.ug/articledetails/129597>
167
Margaret Shaw and United Nations Office on Drugs and Crime, Handbook on the Crime Prevention Guidelines:
Making Them Work (UN 2010) pp140.
23
which also targets family members or other people seeking assistance, 168 suspects are
frequently detained for extended periods, 169 further isolating them and making it
difficult for them to contact attorneys.170 The primary perpetrators of alleged incidences
of torture in rural areas are police personnel and municipal officials. 171 Evidence
reaching the author reveals that in local prisons, there have been several cases of
torture.172 The awareness by the government of the abuse that frequently occurs in
these areas is devastating since neglect is occasionally neglected and run down. 173
According to reports, prison regulations are being amended to conform to the UN
minimum standard norms for the treatment of prisoners under the Prison Act of 14 July
2006, which unites the 174 local government prisons with the central prisons. 174 In my
view, it is too soon to tell whether these adjustments will lead to the anticipated
improvement and corresponding decline in torture.
2.3.6 Children
In detention facilities, children are frequently not kept apart from adults despite child
protection rules, presumably because the police misrepresent the detainees' ages. 175
Children are more likely to experience torture as a result of this, 176 and they are also
more vulnerable to it.177 The figures that are currently available do not give a clear
picture of the number of children who have reported torture or who are likely to have
168
‘Breaking the Silence through MANTRA: Empowering Tamil MAN Survivors of Torture and Rape | Torture
Journal’ <https://tidsskrift.dk/torture-journal/article/view/111181> accessed 11 July 2022.
169
Country Reports on Human Rights Practices: Report Submitted to the Committee on Foreign Affairs, U.S. House
of Representatives and Committee on Foreign Relations, U.S. Senate by the Department of State in Accordance with
Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as Amended (US Government Printing Office
2011) pp653.
170
Joanna Shepherd, ‘Uncovering the Silent Victims of the American Medical Liability System’ (2014) 67 Vanderbilt
Law Review 151.
171
G (n’680).
172
Kent F Schull, Prisons in the Late Ottoman Empire: Microcosms of Modernity (Edinburgh University Press 2014)
pp226.
173
Ibid 305.
174
See FHRI, Shadow report of Uganda’s State Party Report to the African Commission on Human and Peoples’
Rights (ACHPR), November 2006, p.10.
175
FHRI, Deprivation of the Right to Life, Liberty and Security of Person in Uganda, 2006, supra, pp.29 et seq.
176
United Nations Publications, Hidden Scars: How Violence Harms the Mental Health of Children (UN 2022) pp48.
177
Ibid 60.
24
experienced it.178 There are sporadic reports of children being tortured, 179 but according
to NGOs contacted,180 there isn't much proof of this happening when kids are being held
by the police.181 It is unclear whether this can be used as evidence that children are less
in danger of torture than others because there may be a significant number of
unreported incidents.182 Even while there are organizations dedicated to protecting
children, those who are homeless or come from low-income families continue to be
particularly at risk of abuse, including at the hands of police enforcement officials. 183
2.3.7 Refugees
Uganda is home to a sizable population of refugees from nearby nations where torture
is commonplace.184 Although it is unclear how many of these migrants have been
tortured,185 observers think that a significant number have. 186 Even if only 5–10% of the
178
‘Practitioner Review: Assessment and Treatment of Refugee Children and Adolescents Who Have Experienced
War‐related Trauma - Ehntholt - 2006 - Journal of Child Psychology and Psychiatry - Wiley Online Library’ pp11970-
1210 <https://acamh.onlinelibrary.wiley.com/doi/full/10.1111/j.1469-7610.2006.01638.x?
casa_token=E1WCQs6LNxcAAAAA
%3AUiJWnr_SJ5xSAr4GBOWmjtXbN6HdvuuyrKjvGOfSbG0S8BFIQktGYwgW5FFhGWdIOGWPqj3Mt4Iq3J8> accessed
11 July 2022.
179
‘The Turpin Family’s Strange Behavior Got Noticed, but No One Suspected the Kids Were Being Tortured - CNN’
<https://edition.cnn.com/2018/01/26/us/turpin-neighbor-family-warning-signs/index.html> accessed 11 July
2022.
180
Country Reports on Human Rights Practices: Report Submitted to the Committee on Foreign Affairs, U.S. House
of Representatives and Committee on Foreign Relations, U.S. Senate by the Department of State in Accordance with
Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as Amended (n 102) pp996.
181
G (n’11860).
182
‘LEGAL AND PEDAGOGICAL BASES OF PREPARATION OF CHILDREN FOR THE IMPLEMENTATION OF SOCIAL
PROTECTION | Yosh Tadqiqotchi Jurnali’ pp395-403 <http://2ndsun.uz/index.php/yt/article/view/434> accessed
11 July 2022.
183
‘Parents Should Empower Children to Report Abuse’ (Monitor, 4 July 2022)
<https://www.monitor.co.ug/uganda/oped/commentary/parents-should-empower-children-to-report-abuse-
3868398> accessed 11 July 2022.
184
Ulrike Krause, Difficult Life in a Refugee Camp: Gender, Violence, and Coping in Uganda (Cambridge University
Press 2021) pp7-15.
185
‘Working with Refugee Survivors of Torture. - PMC’ pp301-304
<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1011282/> accessed 11 July 2022.
186
G (n’29).
25
refugee population experienced torture, this would still be a significant percentage. 187 Of
its potential clients,188 many of the torture victims had endured gruesome torture,
including multiple instances of rape.189
Refugees who have survived torture are particularly vulnerable because of their
ambiguous status in Uganda190, the lack of security in the camps 191, and the challenges
of adjusting to life in Ugandan society. 192 Even if they have children 193, torture survivors
who arrive and complain to the police are frequently transported to a camp where they
are virtually abandoned without money or supplies. 194 Typically, the camps are
unsafe195, and the living conditions are subpar. 196 Rape and HIV/AIDS rates are high,
and little protection is provided. Refugees who were interviewed expressed caution
toward UNHCR personnel because they do not regard them as being very helpful. 197
187
Brad K Blitz and Maureen Lynch, Statelessness and Citizenship: A Comparative Study on the Benefits of
Nationality (Edward Elgar Publishing 2011) pp45.
188
‘Testimony as Ritual and Evidence in Psychotherapy for Political Refugees | SpringerLink’ pp115-130
<https://link.springer.com/article/10.1007/BF00975139> accessed 11 July 2022.
189
‘Torture Looms High in Uganda - New Vision Official’
<https://www.newvision.co.ug/new_vision/news/1480394/torture-looms-uganda> accessed 11 July 2022.
190
Nina Thorup Dalgaard, Karen Bjerre and Marie Høgh Thøgersen, ‘Twenty Seven Years of Treating Survivors of
Torture and Organized Violence – Associations between Torture, Gender and Ethnic Minority Status among
Refugees Referred for Treatment of PTSD’ (2021) 12 European Journal of Psychotraumatology 1904712.
191
‘Rwandan Refugee Camps in Zaire and Tanzania 1994-1995 - Laurence Binet - Google Books’ pp64
id=DUcuDAAAQBAJ&pg=PA64&dq=lack+of+security+in+refugee+camps&hl=en&sa=X&ved=2ahUKEwiwgq-
JrPH4AhXiX_EDHVtFBvwQ6AF6BAgJEAI#v=onepage&q=lack%20of%20security%20in%20refugee
%20camps&f=false> accessed 11 July 2022.
192
‘Uganda in 2017: A Forecast | Monitor’
<https://www.monitor.co.ug/uganda/magazines/people-power/uganda-in-2017-a-forecast-1681698> accessed 11
July 2022.
193
‘Prizing Children’s Literature: The Cultural Politics of Children’s Book Awards - Google Books’ pp32
id=PCMlDwAAQBAJ&printsec=frontcover&dq=children&hl=en&sa=X&ved=2ahUKEwjV88aFtPH4AhXiYPEDHVD9Ah
MQ6AF6BAgJEAI#v=onepage&q=children&f=false> accessed 11 July 2022.
194
‘Dangerous Sanctuaries: Refugee Camps, Civil War, and the Dilemmas of ... - Sarah Kenyon Lischer - Google
id=Nlkqmjkutc4C&printsec=frontcover&dq=refugee+camps+are+unsafe&hl=en&sa=X&redir_esc=y#v=onepage&q=
refugee%20camps%20are%20unsafe&f=false> accessed 11 July 2022.
195
Ibid 70.
196
Frank B Cross, ‘The Relevance of Law in Human Rights Protection’ (1999) 19 International Review of Law and
Economics 87, pp87-98.
197
‘Full Article: “We Might Not Be Citizens but We Are Still People”: Australia’s Disregard for the Human Rights of
International Students during COVID-19’ pp486-506
<https://www.tandfonline.com/doi/full/10.1080/1323238X.2021.1901645?casa_token=t9SrB6hBK1gAAAAA
%3Ampbe7r1FPTxcpMjiDrrmI5qQLIyjaL2nuBLKgiknuNRTSBkrm_LvTNTMOMowjAkJhim3OwVsgEhtGsw> accessed
26
However, companies encounter a wide range of issues when attempting to establish
themselves in Kampala.198 Fiona McGaughey affirms that it is difficult to get assistance
from the police or other official agencies and are frequently held accountable in
disputes hindering the progress of brotherhood.199
The outmoded Control of Aliens Act, under which migrants were handled by the police
and housed in camps,200 has also harmed the condition of refugees. 201 In 2006, a new
Refugee Act was passed, but by early 2007, it hadn't been put into effect and offered
services and procedures for refugees that are more transparent. 202 Even though they
still have significant limitations 203, it is anticipated that their situation would improve. In
terms of situations of torture committed in Uganda itself, 204 refugees essentially have
the same rights,205 for instance, the UHRC awarded a refugee twelve million shillings for
torture carried out by the CMI.206 The legal system of Uganda does not permit the
exercise of effective universal jurisdiction, which would allow for the possibility of
11 July 2022.
198
‘Lifestyle Challenges Putting Pressure on Businesses | Monitor’
<https://www.monitor.co.ug/uganda/business/lifestyle-challenges-putting-pressure-on-businesses--3323034>
199
‘From Gatekeepers to GONGOs: A Taxonomy of Non-Governmental Organizations Engaging with United Nations
Human Rights Mechanisms - Fiona McGaughey, 2018’
<https://journals.sagepub.com/doi/abs/10.1177/0924051918771232?
casa_token=c2dqfIZIwxoAAAAA:GhSsmUyCv8G5S4a339iMtOsLtwahIqXKhMk8VhhWNRm11uzGE3EFPsqbXkJ1B7gj
w9tqv5jYGliA> accessed 11 July 2022.
200
Control of Aliens Act, s6.
201
Doğu Aracı, Murat Demirci and Murat G Kïrdar, ‘Development Level of Hosting Areas and the Impact of
Refugees on Natives’ Labor Market Outcomes’ (10 April 2021) pp56 <https://papers.ssrn.com/abstract=3823634>
202
Refugee Act, s7.
203
Henry Owen, ‘The Ramifications of the Refugee Act 2006 in Protecting Refugees Right to Non-Refoulement in
Uganda’ (4 April 2014) pp60 <https://papers.ssrn.com/abstract=3489804> accessed 12 July 2022.
204
‘Grim Torture Images Ignite Anger against Ugandan Police | Human Rights News | Al Jazeera’
<https://www.aljazeera.com/news/2017/5/13/grim-torture-images-ignite-anger-against-ugandan-police>
205
206
id=qHolsCdgvFsC&pg=PA625&dq=uhrc+awarded+2+million+for+torture+carried+out+by+chieftaincy+of+military+i
ntelligence&hl=en&sa=X&ved=2ahUKEwi8-42k1fL4AhW4X_EDHQcrCMkQ6AF6BAgCEAI#v=onepage&q=uhrc
%20awarded%202%20million%20for%20torture%20carried%20out%20by%20chieftaincy%20of%20military
%20intelligence&f=false> accessed 12 July 2022.
27
bringing criminal or civil actions against torturers even when the act of torture was
carried out by non-Ugandan citizens in a third country. 207
2.4 Conclusion
2.4.1 Effect and susceptibility
In their work with torture survivors,208 doctors, medical groups, and therapy facilities
like ACTV have identified many negative health effects, including both physical and
psychological symptoms.209 They also include electrical injuries, skin complaints,
gastrointestinal complaints, chronic gynaecological sequelae, chronic surgical
complications, and chronic gynaecological sequelae. 210 Additionally, torture survivors
have experienced several negative social repercussions, including divorce,
unemployment, humiliation, isolation, and dislocation, particularly in cases of disability
and displacement.211 Under the guise of the International Rehabilitation Council for
Torture Victims, ACTV and other doctors have improved their capacity to document
torture over the past ten years.212 At the moment, Uganda is one of the nations where
domestic and international organizations collaborate through training and other
initiatives to improve the capacity of doctors to document torture under internationally
recognized standards.213
207
The Committee against Torture expressed its concern at: “The absence of universal jurisdiction for acts of
torture in Ugandan law”, in Conclusions and recommendations of the Committee against Torture: Uganda, UN Doc.
CAT/C/CR/34/UGA, 21 June 2005, para 5 (c).
208
Elin Kjellenberg and others, ‘Transformative Narratives: The Impact of Working with War and Torture Survivors’
(2014) 6 Psychological Trauma: Theory, Research, Practice, and Policy 120, pp120-128.
209
Ellen Gerrity, Terence M Keane and Farris Tuma, The Mental Health Consequences of Torture (Springer Science
& Business Media 2001) pp14.
210
According to Seggane Musisi, E. Kinyanda, R. Mayengo-Kiziri and H. Liebling, Post-Traumatic Torture Disorders in
Uganda: A 3-Year Retrospective Study of Patient Records at a Specialised Torture Treatment Centre in Kampala,
Uganda, 1999:” Most of the torture survivors developed various psychological disorders including chronic (and
complex) posttraumatic stress disorder (75.4%), depression (28%), anxiety disorders (17%), somatoform disorders
(32%) and chronic pain disorders/syndromes 82%. A number of patients also had physical sequelae of torture
including fractures (43.5%) hernias (7.7%) and sexually transmitted diseases (60%) contracted through rape.”
211
See ibid. and ACTV, Annual Report, 2004, pp.22 et seq.
212
‘The Truth about Museveni’s Crimes | Helen Epstein | The New York Review of Books’
<https://www.nybooks.com/articles/2021/03/11/uganda-truth-museveni-crimes/> accessed 12 July 2022.
213
‘108-1 Hearings: Foreign Operations, Export Financing, and Related Programs ... - Google Books’ pp1322
<https://books.google.co.ug/books?id=1tqIDbRHXKcC&pg=PA1322&dq=training+
%26+improving+capacity+to+document+torture&hl=en&sa=X&ved=2ahUKEwinjcu12_L4AhWhnP0HHdYVAf0Q6AF
6BAgKEAI#v=onepage&q=training%20%26%20improving%20capacity%20to%20document%20torture&f=false>
28
29
CHAPTER THREE
ADVOCACY AND OBSTACLES IN THE WAY OF JUSTICE FOR TORTURE

VICTIMS
This chapter aims to outline the obstacles that torture victims must overcome to receive
justice.214 It gives a general overview of the major barriers mentioned by victims, civil
society, UHRC, and the government to some extent. 215 These challenges include flaws in
the legal system and poor performance by agencies responsible for reacting to human
rights violations.216 This applies to both inquiries and legal actions as well as various
types of restitution, particularly compensation. After the barriers have been identified
and contextualized, the governments and civil society's responses are evaluated to spot
future opportunities and difficulties, and, in particular, to create plans for how to best
get over current impediments.
Acts of torture can only be tried as ordinary offences like assault or causing great bodily
harm217 because there is no particular criminal offence for torture in Ugandan criminal
law.218 A victim or his or her attorney may report suspected acts of torture to the police
using the internal police complaints process, as well as to the Inspector General of
Police, the High Court, or the UHRC.219 Commentary by Kiiza Smith affirms the above
notion that torture as a criminal offence is perceived as acceptable in Uganda’s
jurisprudence from the autonomous reports that validate this profound mischief with no
sustainable solution as discussed above.220
214
IBP Inc, Indonesia Criminal Justice System Laws, Regulations and Procedures Handbook Volume 1 Strategic
Information and Regulations (Lulu.com 2015) pp108.
215
‘Screening for War Trauma, Torture, and Mental Health Symptoms among Newly Arrived Refugees: A National
Survey of U.S. Refugee Health Coordinators: Journal of Immigrant & Refugee Studies: Vol 10, No 4’ pp980-394
<https://www.tandfonline.com/doi/abs/10.1080/15562948.2012.674324> accessed 27 July 2022.
216
‘Why Nyayo Torture Chambers Should Be Open to Public’ (The East African, 26 February 2022)
<https://www.theeastafrican.co.ke/tea/oped/comment/why-nyayo-torture-chambers-should-be-open-to-public-
3730342> accessed 27 July 2022.
217
Susan Kigula and 416 Others vs. the Attorney General, Constitutional Petition No6 of 2003, Judgment of the
Constitutional Court of Kampala, 10 June 2005.
218
KIIZA SMITH, RIGHTS OF ACCUSED PERSONS IN CRIMINAL JUSTICE SYSTEM BY KIIZA SMITH: "ALL ABOUT THE
RIGHTS OF ACCUSED PERSONS IN CRIMINAL JUSTICE SYSTEM” (BookRix 2020) pp119.
219
Ibid para 16.
220
Ibid 125.
30
3.1 Victims' demands and needs
Both under Ugandan law, which is implicit and has flaws, and under international law, 221
victims of torture have a right to compensation. 222 It is widely accepted that
compensation should focus on the sufferer who is questioned about their priorities as
well as their goals and needs. 223 This is because they frequently lack the essential
resources and/or are unable to earn as before, becoming obvious that the majority of
survivors lack financial security as a result of their impairments. 224 All survivors
emphasized the need for justice, care, and recompense. They emphasized the need for
punishment for those who commit acts of torture and criticized the current impunity. 225
3.2 Important legal obstacles to the prohibition of torture and remedies for
torture survivors in Uganda
The UNCAT, ICCPR, and ACHPR, three important international human rights treaties
that prohibit torture, are all parties by Uganda. 226 This is interpreted by Article 44 which
recognizes Article 24 of the 1995 Constitution as a non-derogable right, which states
that ‘No person shall be subjected to any form of torture, cruel, inhuman or degrading
treatment or punishment.’ A constitutional right to seek remedies for abuses of
fundamental rights is outlined in Article 50. 227 Victims may file a complaint with the
221
See in particular Article 14 of the UN Convention against Torture and the Basic Principles and Guidelines on the
Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law (Basic Principles), General Assembly (2005), UN Doc. A/RES/60/147.
222
REDRESS, Action against Torture: A Practical Guide to the Istanbul Protocol for Lawyers in Uganda, August 2004,
part C. The Manual is available online here: http://www.redress.org/publications/Nationaladaptation-Uganda-
legal-material.pdf Accessed on 28th July, 2022.
223
Peter Cane and PS Atiyah, Atiyah’s Accidents, Compensation and the Law (Cambridge University Press 2013)
pp10.
224
‘Psychological Assessment of Torture Survivors: Essential Steps, Avoidable Errors, and Helpful Resources -
ScienceDirect’ pp418-426 <https://www.sciencedirect.com/science/article/abs/pii/S0160252712000805> accessed
28 July 2022.
225
H Danelius and Herman Burgers, The United Nations Convention Against Torture: A Handbook on the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (BRILL 2021) pp155-
160.
226
Ratified on 10th May, 1986.
227
“(1) Any person who claims that a fundamental or freedom guaranteed under this Constitution has been
infringed or threatened, is entitled to apply to a rights and competent court for redress which may include
compensation. (2) Any person or organization may bring an action against the violation of another person's or
group's human rights. (3) Any person aggrieved by any decision of the court may appeal to the appropriate court.
(4) Parliament shall make laws for the enforcement of the rights and freedoms under this Chapter.”
31
Ugandan Human Rights Commission or with the country's courts, which include the
Supreme Court, the Court of Appeal, the High Court, 228 and lower tribunals including
Magistrates Courts229 and Local Council Courts.230
The legal system governing the outlawry of torture, 231 however, is marked by substantial
legislative loopholes.232 With very few exceptions,233 the fundamental rights granted by
the 1995 Constitution do not have accompanying legislation to give them actual
effect.234 The same is true of international human rights agreements to which Uganda
has now become a party; none of these agreements' implementing laws has been
passed.235 The absence of a criminal offence of torture that applies to all members of
law enforcement is one of the primary flaws. 236 Evidence sighted by the author reveals
the law in existence at the moment that specifically defines torture as a crime
punishable by up to five years in prison, a fine, or both is the Anti-Terrorism Act of
2002.237 However, because it only applies to authorize personnel participating in anti-
terrorism operations, it has a restricted scope.238
The problem of torture as a crime cannot be investigated or prosecuted, 239 as is publicly

accepted by numerous government agencies and authorities, including the DPP. 240
Ordinary offences that can be used against torturers instead of the crime of torture
228
1995 Constitution of Uganda, Article 129.
229
Magistrate’s Court Act, s31.
230
Local Council Courts Act, 2006 s13.
231
A Boulesbaa, The U.N. Convention on Torture and the Prospects for Enforcement (BRILL 2021) pp171.
232
PAUL BURSTEIN, ‘Public Opinion, Demonstrations, and the Passage of Antidiscrimination Legislation’ (1979) 43
Public Opinion Quarterly 157, pp157-172.
233
G (n’86).
234
United Nations Office of the High Commissioner for Human Rights, Human Rights and Constitution Making
(United Nations Human Rights Office of the High Commissioner 2018) pp144.
235
See Conclusions and recommendations of the Committee against Torture: Uganda, UN Doc. CAT/C/CR/34/UGA,
21 June 2005, para 5; Concluding observations of the Human Rights Committee: Uganda, UN Doc.
CCPR/CO/80/UGA, 4 May 2004, para 6.
236
Vasile Doana, ‘The Absence of Criminal Methodology in the Case of Genocide and Crimes against Humanity
Offences - Possible Consequences’ (2018) 2018 Law Annals from Titu Maiorescu University 91.
237
Metin Baolu, Torture and Its Definition in International Law: An Interdisciplinary Approach (Oxford University
Press 2017) pp101.
238
Anti-Terrorism Act 2002, s21 (e).
239
The system comprises of Unit Disciplinary Committee, Divisional Court Martial, (or in exceptional circumstances
Field Court Martial), General Court Martial Appeal Court, see s194-204 of the UPDF Act, 2005.
240
See Article 120 of the 1995 Constitution of Uganda as amended.
32
itself fall short of capturing the unique nature of torture as a criminal act against a
person's integrity perpetrated with the knowledge and consent of authorities. 241 Forms
of mental torture are not adequately covered by laws, 242 and those that do exist have
penalties that are not commensurate to how serious the crimes are. 243 Most significantly,
the absence of a crime for torture encourages impunity and reduces public awareness
of its criminal nature.244 The UPDF Act and administrative rules must be taken into
account similarly.245 The latter does, however, fail to specifically mention and cover
certain forms of torture, 246 even though it contains criminal offences for various forms of
mistreatment with a potential sentence of five to seven years depending on the severity
of the case.247 The condition that commonly leads to impunity is completed by the weak
enforcement of current laws, which is discussed in more detail below.
In its activities, the UHRC uses a broad definition of torture. 248 This is availed by the
autonomous difficulty whilst conducting criminal investigations and has no authority to
prosecute or punish anyone who engages in torture, 249 even though this is an important
part of its mission in maintaining a record of torture and in offering some form of
redress to victims.250 This effectively means that no independent entity is in charge of
conducting criminal investigations into allegations of torture or even ensuring that such
241
‘The Social Context of Torture: Policy Process and Authority Structure’ pp16
<https://www.taylorfrancis.com/chapters/edit/10.4324/9780429313929-3/social-context-torture-policy-process-
authority-structure-herbert-kelman> accessed 28 July 2022.
242
Steven J Barela and others, Interrogation and Torture: Integrating Efficacy with Law and Morality (Oxford
University Press 2020) pp160-170.
243
REDRESS, Action against Torture: A Practical Guide to the Istanbul Protocol for Lawyers in Uganda, August 2004,
pp8-9.
244
Ibid 210.
245
UHRC, 7th Annual Report, 2004 pp68-69.
246
‘Legacy of the “Dark Side”’ (Human Rights Watch, 9 January 2022)
<https://www.hrw.org/news/2022/01/09/legacy-dark-side> accessed 28 July 2022.
247
G (n’220-240).
248
See UHRC, 8th Annual Report, 2005 pp51-52. See also Commissioner Aliro Omara in the case of Fred
Tumuramye v Gerald Bwete & Others (UHRC 264/99): “Article 1 CAT while defining torture, recognizes that nation
legislations may have a wider definition than is contained in CAT. In my view, the provisions of the Uganda
Constitution cited above recognize that torture, cruel, inhumane and degrading treatment or punishment can be
committed by anybody. The act need not to be with official sanction, instigation, complicity or acquiescence.
Private individuals in their private capacity can legally commit acts of torture, cruel, inhuman and degrading
treatment or punishment.”
249
Human Rights Watch, World Report 2021: Events of 2020 (Seven Stories Press 2021) pp80-100.
250
Ibid 120.
33
investigations are carried out by international standards. 251 Furthermore, there are no
provisions requiring the police or the DPP to take the UHRC's recommendations
seriously to look into and prosecute specific individuals or to start such processes after
the UHRC Tribunal rules.252
The UHRC, international human rights treaty authorities, and Ugandan civil society have
also identified several significant flaws in Uganda's laws on compensation for torture
victims.253 Significant legal obstacles to victims' access to justice include the lack of
victim and witness protection. This is evident because neither a law nor a program
exists to ensure effective victim and witness protection. 254 The continued intimidation
and harassment of witnesses and victims hurt the capacity to pursue charges. 255
3.3 Practical impediments that impede victims' access to justice

The difficulties most Ugandans have accessing justice are compounded by the
challenges torture victims in Uganda confront.
251
United States Law Enforcement Assistance Administration, Criminal Justice Planning and Management Series:
Criminal Justice Program Development Course (3 Pts.) (US Department of Justice, Law Enforcement Assistance
Administration 1981) pp15.
252
‘The Uganda Human Rights Commission, Including the Office of the Inspectorate of Government (Ombudsman)
in: Human Rights Commissions and Ombudsman Offices’ pp579-611
<https://brill.com/view/book/edcoll/9789004481930/B9789004481930_s038.xml> accessed 28 July 2022.
253
See Conclusions and recommendations of the Committee against Torture: Uganda, UN Doc. CAT/C/CR/34/UGA,
21 June 2005; Concluding observations of the Human Rights Committee: Uganda. UN Doc. CCPR/CO/80/UGA, 4
May 2004; UHRC, 7th Annual Report, 2004 pp. 56, 58; Foundation for Human Rights Initiative Shadow Report of
Uganda’s State Party Report to the African Commission on Human and Peoples’ Rights, 40th Ordinary Session of
the ACHPR, Banjul, The Gambia, November 2006, pp6-8.
254
‘EBSCOhost | 116350668 | Witness and Victim Protection Laws of Bangladesh: A Need for a New Law.’ pp311-
322 <https://web.p.ebscohost.com/abstract?
direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=19976925&asa=Y&AN=116350668&h=E9Z8V2Ta
%2b%2fiG24vmtkLe2c%2fXJRjH8eouXNLLwNDQP%2fslhWwYutbZ54RfZMSKB9AY9ZjLA7JJYylDmkw1bu4PBQ%3d
%3d&crl=c&resultNs=AdminWebAuth&resultLocal=ErrCrlNotAuth&crlhashurl=login.aspx%3fdirect%3dtrue
%26profile%3dehost%26scope%3dsite%26authtype%3dcrawler%26jrnl%3d19976925%26asa%3dY%26AN
%3d116350668> accessed 28 July 2022.
255
John Browning, ‘#Snitches Get Stitches: Witness Intimidation in the Age of Facebook and Twitter’ (2014) 35 Pace
Law Review 192.
34
3.3.1 Attitudes of torture survivors in the public
The general public has either a negative or indifferent attitude toward torture
survivors.256 Not only is the lack of empathy and solidarity extremely upsetting for
torture survivors,257 but it also affects the attitudes of everyone they interact with,
including those in government institutions, 258 and tends to decrease the drive for
institutional or legislative changes that might help torture survivors. 259 On numerous
levels, these issues make it more difficult for torture survivors to receive justice for their
suffering.260
3.3.2 Factors preventing torture survivors from accessing justice

The majority of people in Uganda are impoverished, with a 38 per cent poverty rate in
2003, according to the Justice Law and Order Sector (JLOS), 261 and they have
inadequate access to justice and other social services. 262 In particular, "poor and
marginalized groups of young people, women, those living in remote or conflict-affected
areas,263 and people with HIV/AIDS patients still bear unreasonable burdens taking the
form of physical distance to JLOS institutions, access costs, 264 language and attitudinal
barriers, and the existence of conflict situations" are still subject to these obstacles. 265
Some of the major issues that have been recognized as preventing effective access to
256
Hugo Rojas, Past Human Rights Violations and the Question of Indifference: The Case of Chile (Springer Nature
2021) ppvii.
257
Canay Doğulu, A Nuray Karanci and Gözde Ikizer, ‘How Do Survivors Perceive Community Resilience? The Case
of the 2011 Earthquakes in Van, Turkey’ (2016) 16 International Journal of Disaster Risk Reduction 108, pp108-114.
258
Ibid 130.
259
John P Wilson and Boris Drozdek, Broken Spirits: The Treatment of Traumatized Asylum Seekers, Refugees and
War and Torture Victims (Routledge 2004) pp90.
260
Richard J Goldstone, ‘Justice as a Tool for Peace-Making: Truth Commissions and International Criminal
Tribunals’ (1995) 28 New York University Journal of International Law and Politics 485.
261
‘Https: //Www.Jlos.Go.Ug/Index.Php/about-Jlos/Member-Institutions’
<https://www.jlos.go.ug/index.php/about-jlos/member-institutions> accessed 28 July 2022. JLOS is composed of
the Ministry of Justice and Constitutional Affairs; Ministry of Internal Affairs; The Judiciary; The Uganda Prison
Service; The Uganda Police Force; The Directorate of Public Prosecutions; The Judicial Services Commission; The
Uganda Law Reform Commission; Ministry of Gender Labor and Social Development - Probation Services; Ministry
of Local Government - Local Council Courts.
262
JLOS, Strategic Investment Plan, Final Draft, 2006 (on file with REDRESS), pp21.
263
Lorraine Pe Symaco, Education, Poverty, Malnutrition and Famine (A&C Black 2014) pp138.
264
Adam David Dubin and David Lawson, ‘Access to Justice for the Very Poor and Marginalized in Uganda’ [2016]
Libro: What Works for Africa´s Poorest, Página inicial: 110, Página final: 114
<https://repositorio.comillas.edu/xmlui/handle/11531/14741> accessed 28 July 2022.
265
Ibid pp26.
35
justice include poverty, gender inequality, armed conflict, the lack of awareness of
rights among ethnic minorities, and corruption. 266
Prisoners and detainees, especially those in "safe houses," as well as their family
members or friends, are particularly vulnerable if they report acts of torture. 267 The right
to habeas corpus is recognized and upheld in courts, but detainees are frequently
unable to exercise it and contest the legality of their detention. 268 Where attorneys have
requested habeas corpus, several institutions have disregarded court orders to produce
the body.269 Instead, they have tried people in violation of rulings that such trials were
unconstitutional.270
3.4 The Legal and Institutional Framework

Uganda is a signatory to various regional and international human rights agreements
that forbid torture, set forth acceptable security and policing guidelines, and defend the
freedoms of association and peaceful assembly. These include the African Charter on
Human and Peoples' Rights (ACHPR), the Convention against Torture and Other Forms
of Cruel, Inhuman, and Degrading Treatment, and the International Covenant on Civil
and Political Rights (ICCPR). The International Convention for the Protection of All
Persons from Enforced Disappearance has been signed by Uganda, although it has not
yet been ratified. September 1990 saw the adoption of the UN's Basic Principles on the
Use of Force and Firearms by Law Enforcement Officers.
No one shall be subjected to torture or cruel, brutal, or degrading treatment or

punishment, according to Article 5 of the Universal Declaration of Human Rights. 271
Although their relative scope of protection varies, other regional human rights treaties,
including the African Charter on Human and Peoples' Rights, 272 the American
266
G (n’8).
267
United States Congress House Committee on Foreign Affairs Subcommittee on International Organizations
Oversight Human Rights, and, City on the Hill or Prison on the Bay?: The Mistakes of Guantanamo and the Decline
of America’s Image (US Government Printing Office 2008) pp229.
268
See Okumu and Okello v Attorney General, op. cit.
269
Tumushabe v Attorney General Misc. Appl. No 63 of 2003.
270
FHRI, Deprivation of the Right to Life, Liberty and Security of Person in Uganda, 2006, supra, pp.64, 65.
271
'Universal Declaration of Human Rights, G.A. Res. 217, U.N. GAOR, 3d Sess., at1. 5, U.N. Doc. A/810 (1948).
272
African Charter on Human and Peoples' Rights, June 27, 1981, art. 5, 21 I.L.M. 58.
36
Convention on Human Rights,273 the European Convention on Human Rights, 274 and the
American Convention on Human Rights, 275 largely reproduce the Declaration's
prohibition. No one shall be subjected to torture or cruel, inhuman, or degrading
treatment or punishment, according to Article 7 of the International Covenant on Civil
and Political Rights (ICCPR).276
(I). Legal Framework.
3.4.1 1995 Constitution of Uganda as amended

Uganda is required by Article 21 to implement whatever necessary legislative,
administrative, judicial, and other measures to prevent acts of torture from occurring
inside its borders. The Anti-Torture Act 2012 and Uganda's Penal Code Cap 120 both
outlaw all forms of torture and impose penalties on those who engage in it. Respect for
human dignity and protection from inhuman treatment is guaranteed by Article 24. No
one shall ever be subjected to torture or other cruel, inhumane, or humiliating
treatment or punishment, according to the articles.
Article 23 guarantees personal freedom and states that no one's life may be taken from
them until they are put to death by a court with appropriate jurisdiction. Therefore,
failing to defend the right to individual liberty would be torture whilst protection from
forced labour, slavery, and servitude is provided for under Article 25.
According to Article 43, among other things, any restrictions on human rights shall only
be those that are allowed in a free and democratic society. The prohibition against
torture and other cruel, inhumane, or humiliating treatment is a non-derogable right
273
American Convention on Human Rights, Nov. 22, 1969, art. 5, 1144 U.N.T.S. 144. See also Inter-American
Convention to Prevent and Punish Torture, Dec. 9, 1985, 67 O.A.S.T.S. 13 (defining torture, discussing state
responsibilities to prevent torture and inhuman treatment).
274
European Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, art 3, 213
U.N.T.S. 221.
275
American Convention on Human Rights, Nov. 22, 1969, art. 5, 1144 U.N.T.S. 144. See also Inter-American
Convention to Prevent and Punish Torture, Dec. 9, 1985, 67 O.A.S.T.S. 13 (defining torture, discussing state
responsibilities to prevent torture and inhuman treatment).
276
International Covenant on Civil and Political Rights, art. 7, G.A. Res. 2200, at 59, U.N. GAOR, 21st Sess., Supp.
No. 16, U.N. Doc. A/6316 (Dec. 16, 1966).
37
under Article 44. This implies that such a privilege may not, under any circumstances,
be taken away.
3.4.2 The Prevention and Prohibition of Torture Act 2012, SS2 (1)
The definition of torture in Ugandan law is "any act or omission, by which severe pain
or suffering, whether physical or mental, is intentionally inflicted on a person by, at the
instigation of, or with the consent or acquiescence of any person, whether a public
official or other person acting in an official or private capacity."
3.4.3 The United Nations Convention against Torture

The Commission on Human Rights (now Council on Human Rights) created a draft
convention against torture in response to a UN General Assembly resolution to replace
the 1975 Declaration. To accomplish this, the Commission established a Working Group
to examine the differences between torture and CIDT. This group concluded that while
"the concept of torture could be defined in reasonably precise terms, it was impossible
to draft a precise definition" of inhuman treatment. 277 Furthermore, "it was hardly
practicable to attach these duties to a vague concept like cruel, inhuman or humiliating
treatment or punishment" since States Parties to the convention would be required to
include its terminology and prohibitions into their national criminal laws. 278
While the 1975 Declaration embraced the European Commission's definition of torture
as an aggravation of inhuman treatment, this distinction was dropped in the
Convention. Instead, Article 16 specifically mentions "cruel, inhuman, and humiliating
treatment or punishment not amounting to torture," and instead of outright forbidding
such actions, it only demands that States Parties "undertake to prevent" them from
occurring inside their borders.279 The CAT mandates that States Parties create judicial
remedies for torture victims, assert criminal jurisdiction over acts of torture, pursue or
extradite their perpetrators, and forbid the use of any statements obtained through
277
Manfred Nowak, What Practices Constitute Torture? US and UN Standards, 28 Hum. Rts. Q. 809, 829 (2006).
278
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984).
279
Ibid Article 16.
38
torture in legal proceedings. This makes the distinction between the two crucial since
inhumane treatment is exempt from all of these responsibilities. 280
(ii). Institutional Framework.
Acts of torture can only be tried as ordinary offences like assault or causing great bodily
injury because there is no particular criminal crime of torture in Ugandan criminal law. 281
A victim or his or her attorney may file charges alleging torture with the police through
the internal police complaints process, or with the Inspector General of Police, the High
Court, or the UHRC.282 Victims have the legal right to file a private lawsuit, but they can
only do so with the DPP's approval.283
It is within the legal authority of the police and the courts (Magistrates Courts and the
High Court) to launch criminal investigations into allegations of torture. 284 This is carried
out by the Criminal Investigation Division of the Ugandan Police Force which typically
conducts investigations (CID).285 By ordering the police to conduct criminal
investigations and starting criminal procedures outside of courts of law, the DPP
manages all criminal prosecutions on behalf of the State. 286
280
Universal Declaration of Human Rights, G.A. Res. 217, U.N. GAOR, 3d Sess., at1. 5, U.N. Doc. A/810 (1948).
281
‘The Lord’s Resistance Army Case: Uganda’s Submission of the First State Referral to the International Criminal
Court | American Journal of International Law | Cambridge Core’ pp403-421
<https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/lords-resistance-
army-case-ugandas-submission-of-the-first-state-referral-to-the-international-criminal-court/
15197CBA76EB314DC5CC9A8278709F70> accessed 28 July 2022.
282
REDRESS, Action against Torture a Practical Guide to the Istanbul Protocol for Lawyers in Uganda, August 2004,
pp11, 12.
283
Ibid Article 120 of the 1995 Constitution of Uganda as amended.
284
Jamal Benomar, ‘Confronting the Past: Justice after Transitions’ (1993) 4 Journal of Democracy 3, pp3-14.
285
The Criminal Procedure Code Act, Chapter 116 of the Laws of Uganda, regulates the procedures followed in
criminal cases. The investigation process is triggered when a complaint or report of the alleged crime is made to
the police. The complaint may be made either orally or in writing. The complaint may be lodged by the victim or
another person, such as their lawyer or relative. This report is known as "First Information" and it is normally
recorded on Police Form 86. The crime report is then passed on to the CID officer in charge of a particular police
station who will then decide whether or not a case file should be opened and on what charges.
286
See Article 120 of the Constitution. For more information on the functions of the Director of Public
Prosecutions, see the website of the government of Uganda, available online at www.dpp.go.ug.
39
3.4.4 UHRC
The UHRC is the only organization that keeps statistics on the reports of torture it
receives and makes them public. 287 It takes advantage of a broader interpretation of
Article 1 of the Convention against Torture, which includes acts perpetrated by private
individuals that might not necessarily be considered to be torture according to the CAT's
definition of the term. It details the number of reports of torture, 288 the UHRC office
(head office or regional office) where the report was filed, the state agencies charged
with torture,289 and the resolution of cases before the UHRC Tribunal. 290 The statistics
give no details about the gender, age, or occupation of complainants in cases of torture
since 1997, there have been more allegations of torture than ever before from 30 in
1997 to 488 in 2004, then 256 in 2005 representing about 20% of all complaints made
to the Commission.291
The UHRC is also required to look into claims of torture. 292 Cases that are being heard
by a court with the appropriate jurisdiction are off limits to ensure the upholding of the
law.293 The local human rights officer may conduct investigations whilst wielding court-
like authority.294 The notion to bring charges against itself, the UHRC can only suggest
prosecutions to the DPPs.295 Depending on the ordinary crime the accused has been
charged with instead of a torturing offence, cases brought by the DPP will either be
heard by the Magistrates Courts or the High Courts. Members of the UPDF may be
charged and tried in courts-martial. 296
287
See UHRC, 8th Annual Report, 2005 pp52-58.
288
John T Parry, ‘What Is Torture, Are We Doing It, and What If We Are’ (2002) 64 University of Pittsburgh Law
Review 237.
289
Human Rights Watch (Organization), ‘We Flee When We See Them’: Abuses with Impunity at the National
Intelligence Service in Burundi (Human Rights Watch 2006) pp22.
290
Ebenezer Durojaye, Litigating the Right to Health in Africa: Challenges and Prospects (Routledge 2016) pp120.
291
Ibid pp52.
292
See Article 51 (1) of the Constitution of the Republic of Uganda of 1995.
293
Ibid Article 129 of the 1995 Constitution of Uganda as amended.
294
Hulya Ucpinar and Turkcan Baykal, ‘An Important Step for Prevention of Torture’ (2006) 16 16, pp252.
295
‘Ugandan Human Rights (Enforcement) Act of 2019: Addressing some of the Likely Challenges to Its
Implementation | Journal of Human Rights Practice | Oxford Academic’ pp585-605
<https://academic.oup.com/jhrp/article-abstract/13/3/585/6546758> accessed 28 July 2022.
296
The system comprises Unit Disciplinary Committee, Divisional Court Martial, (or in exceptional circumstances
Field Court Martial), General Court Martial and Court Martial Appeal Court, see s194-204 of the UPDF Act, 2005.
40
3.4.5 Uganda Police Force
The Human Rights and Public Complaints Management System is a mechanism that the
Ugandan police have implemented. 297 The public can file complaints with the police
management using this procedure regarding the behaviour of officers. 298 There is a
system in place for this in every police unit allowing one to file complaints with the
station officer and send written complaints to the Human Rights Complaints Desk, 299
which is staffed by qualified attorneys. The Ugandan government provided information
on the number of complaints received by the Human Rights and Public Complaints
Management System in its initial report to the UN Human Rights Committee (a total of
1917 complaints between 1998 and 2001).300
Systemic issues with the Ugandan Police Force's investigative performance include a
lack of employees in certain regions, 301 insufficient funding, subpar investigational
methods302, and a propensity for accepting bribes. 303 The police have received general
training to enhance their investigative abilities, albeit this has not specifically addressed
torture.304 The use of pertinent standards and methodologies in the actual investigation
practice, however, does not appear to be covered by any clear policy, and training
appears to have been done piecemeal.305
297
Commonwealth Human Rights Initiative and others, Police Accountability: Too Important to Neglect, Too Urgent
to Delay: The 2005 Report by the International Advisory Commission of the Commonwealth Human Rights Initiative
Chaired by Sam Okudzeto (CHRI 2005) pp67.
298
Ishwarlal Hingorani and others, ‘Police Complaint Management System Using Blockchain Technology’, 2020 3rd
International Conference on Intelligent Sustainable Systems (ICISS) (2020).
299
UN Human Rights Committee, Initial Report of Uganda under Article 40 of the ICCPR, UN Doc.
CCPR/C/UGA/2003/1, 25 February 2003.
300
Ibid.
301
A Review of the Uganda Police Force (2006) (CHRI) pp32.
302
Ibid 40.
303
‘Uganda Police Leads in Bribery in East Africa | Monitor’
<https://www.monitor.co.ug/uganda/news/national/uganda-police-leads-in-bribery-in-east-africa-1502174>
304
In July 2003, the US Department of Justice undertook a six-month law enforcement project in Uganda. The
project was designed to improve the training, infrastructure and investigative skills capacity of the Uganda Police
Force Crimina Investigation Division (CID).
305
UHRC, 7th Annual Report 2004, pp77.
41
Effective investigations into charges of torture are hampered by several issues. 306 This
includes failing to collect medical evidence following generally accepted international
standards (not the least because there aren't enough qualified forensic doctors and
pathologists),307 having trouble catching criminals, 308 not holding members of ad hoc
security agencies accountable, using unauthorized detention facilities, 309 and having an
atmosphere of impunity in the army and security agencies. 310
Although the UPDF has a Special Investigations Branch entrusted with looking into
cases of torture, nothing is known about this branch's investigations. 311 There are
sporadic reports of investigations leading to disciplinary sanctions, including
prosecutions or both, especially as part of UHRC-initiated mediation. 312 Courts-martial
have occasionally found and jailed those responsible for torture or other violations, 313
but these decisions are frequently utterly inadequate, as was the instance with Patrick
306
United Nations Office of the High Commissioner for Human Rights and United Nations, Istanbul Protocol:
Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (UN 2004) pp76.
307
Christopher J Einolf, ‘How Torture Fails: Evidence of Misinformation from Torture-Induced Confessions in Iraq’
(2022) 7 Journal of Global Security Studies ogab019.
308
Naomi Roht-Arriaza, The Pinochet Effect: Transnational Justice in the Age of Human Rights (University of
Pennsylvania Press 2005) pp118.
309
Emily Ryo, ‘Detention as Deterrence’ (2018) 71 Stanford Law Review Online 237.
310
Michelle Hughes and others, Impunity: Countering Illicit Power in War and Transition (National DEFENSE UNIV
2018) pp416.
311
White Paper on Defence: Update 2019 (Government Publications 2019) pp122.
312
See UHRC, 7th Annual Report 2004 pp78-79 and 8th Annual Report, 2005, p55.
313
UHRC, 7th Annual Report, 2004, pp79.
42
Mamenero.314 Most of the time, it is unclear what actions, if any, the army has taken,
implying that those responsible may get away with their crimes. 315
3.4.6 Prisons System

Prisoners can complain to UHRC employees or human rights advocates who are visiting
the facility, as well as within the prison system itself. 316 In 2004, the Surboti region
accounted for 12 of the 36 allegations of torture received by the Commissioner General
of Prisons.317 Prison staff members are susceptible to disciplinary action for
mistreatment and criminal prosecution in cases of causing serious bodily harm, 318
however, few of these cases end up in court. 319 During the field investigation for this
poll, an interlocutor gave the example of a warder who was prosecuted for hitting a
prisoner. However, the lawsuit was put on hold since the witness was lost after being
released.
3.4.7 Directorate of Public Prosecutions

Any prosecutions brought by law enforcement agents are handled by the DPP. 320
Although it can and does prosecute those who violate human rights in a way that
314
See Report of the Special Rapporteur on Torture, UN Doc.E/CN.4/2005/62/Add.1, 30 March 2005, para. 1834:
“By letter dated 15 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary
executions, the Special Rapporteur notified the Government that he had received information on Patrick
Mamenero Owomugisha, age 25. According to the allegations received, he was arrested on 20 July 2002 from his
home in Kabale, near the Rwandan border, with his father, Mzee Denis Mamenero. Patrick Mamenero
Owomugisha died a few days later in CMI custody of a “subdural haemotoma” caused by a blunt instrument. At
the time of his death, he was en route to the military hospital. The certificate of death was signed on 24 July 2002,
by a doctor of Mulago Hospital. The CMI admitted that the detainee was hit by a CMI soldier on guard duty on 22
July 2002, but maintained that at the time Patrick Mamenero Owomugisha was trying to escape. The soldier
(whose name is known to the Special Rapporteur) was arrested and charged with murder on 22 October 2002 in
the UPDF court martial. However, he was granted bail. The CMI paid the Mamenero family about one million
Uganda shillings (US $503) as condolences. The head of CMI faxed a statement that was read at the burial and
which claimed that enemies of the Government entered the CMI offices and killed Patrick Mamenero
Owomugisha.”
315
Kasaija Phillip Apuuli, ‘The ICC Arrest Warrants for the Lord’s Resistance Army Leaders and Peace Prospects for
Northern Uganda’ (2006) 4 Journal of International Criminal Justice 179, pp179-187.
316
FHRI, Shadow report of Uganda’s State Party Report to the African Commission on Human and Peoples’ Rights
(ACHPR), November 2006, pp8.
317
Ibid pp80.
318
Jeremiah Wade-Olson, Punishing the Vulnerable: Discrimination in American Prisons (ABC-CLIO 2019) pp33.
319
Lacey Levitt, ‘The Comparative Risk of Mistreatment for Juveniles in Detention Facilities and State Prisons’
(2010) 9 International Journal of Forensic Mental Health 44, pp44-54.
320
Vincent Wagona, ‘PRESENT SITUATION, PROBLEMS AND SOLUTIONS IN THE LEGAL SYSTEM RELATED TO
CORRUPTION CONTROL IN UGANDA’ 6, pp132.
43
qualifies as a criminal, there is no explicit policy or effort made to pursue those who
engage in torture.321 Investigations and prosecutions typically don't start until after a
clear complaint has been made and the offender has been identified, 322 which places a
tremendous responsibility on the victim seeking justice. 323 Although it is known that
victims find it difficult to identify their attackers, the DPP does not appear to have taken
any action to launch investigations despite complaints. 324 Even in cases where a
perpetrator has been identified or when an investigation would be able to identify the
culprit, it appears that no consistent or coordinated effort has been made to follow
through on the UHRC's findings in those cases.325 The DPP acknowledges that there is a
problem with the police conducting their investigations into allegations of police torture
and the absence of an independent mechanism but these responses seem to be rather
piecemeal.326
3.5 Conclusion
Because of the current system of complaints and investigations, torture is frequently
tolerated. It neither delivers justice for people who have been tortured by holding those
responsible accountable nor serves as a deterrence against future torture. There are
complaint procedures in place for the police, army, and prisons, but the system is
ineffective. Investigations are overseen by the very agency whose employee is accused
of the infraction, therefore they are neither transparent nor susceptible to independent
review. The DPP has been mostly reactive and ineffective in achieving charges, failing
to be proactive and take the necessary actions to investigate and prosecute allegations
of torture.
321
Paul David Mora, ‘The Immunities of State Officials in Civil Proceedings Involving Allegations of Torture’ 23
Australian International Law Journal 21, pp21-40.
322
Ibid 50.
323
Nicola May Godden, Seeking Justice for Victim-Survivors: Unconventional Legal Responses to Rape (Durham
University 2013) pp141.
324
Ibid pp80.
325
Joshua N Auerbach, ‘Police Accountability in Kenya’ (2003) 3 African Human Rights Law Journal 275.
326
Philisiwe Nicole Hadebe, ‘Police Use of Excessive Force: Examining Organizational Factors in the South African
Police Service That Contribute to Police Torture and Assault’ (2021) 34 Acta Criminologica : African Journal of
Criminology & Victimology 130.
44
3.5.1 Judicial Remedies
Torture victims have several options for seeking restitution, including compensation:
courts, the UHRC, or directly from the relevant law enforcement organizations. Anyone
who asserts that a fundamental or other right or freedom protected by this Constitution
has been violated or threatened may petition a competent court for redress, which may
include compensation, according to Article 50 (1) of the Constitution. Because "Any
person or organization may file an action against the violation of another person's or
group's human rights," Article 50 (2) significantly offers broad standing. Article 50
"opens gates to what is called public interest litigation, whereby the persons whose
rights are infringed or violated need not share an interest in the action with those who
litigate on their behalf," as acknowledged by the High Court. 327
Tort claims can be taken before the Magistrates or the High Court, which has granted
financial compensation for violations of fundamental rights in cases like Joseph
Tumushabe v. Attorney General.328 To obtain a remedy, a victim may also file a
petition with the Court of Appeal, which also serves as the Constitutional Court. 329 Tort
lawsuits may be made against both the State, which bears the vicarious liability and
public employees who are accused of engaging in acts of torture. A person who has
been harmed by a government employee may file a claim against the Attorney General
under section 3 of the Government Proceedings Act. The court has the authority to
require a convicted individual to pay compensation in addition to any other punishment
if it appears from the evidence that the aggrieved party has suffered a material loss
that would be significantly recoverable in a civil suit. 330
327
Joseph Tumushabe v Attorney General, Miscellaneous Application No.63 of 2003.
328
Ibid para 06.
329
Article 137(4) of the Constitution provides that: “Where upon determination of the petition under clause (3) of
this article the Constitutional Court considers that there is need for redress in addition to the declaration sought,
the Constitutional Court may-(a) grant an order of redress; or refer the matter to the High Court to investigate and
determine the appropriate redress. (b) Refer the matter to the High Court to investigate and determine the
Appropriate”. Article 137 (3) (b) of the Constitution provides that “A person who alleges that any act or omission
by any person or authority is inconsistent with or in contravention of a provision of this Constitution, may petition
the Constitutional Court for a declaration to that effect, and for redress where appropriate”.
330
Magistrates Court Act, 2000 s209.
45
3.5.2 Non-judicial remedies
The UHRC will hear allegations from torture victims. 331 Additionally, the UHRC has the
power to launch investigations on its own. The Commission conducts investigations and
has all of the court's authority, including the right to issue summonses. If the
Commission decides that there is sufficient evidence, it will attempt to negotiate a
resolution between the parties; but, should this fail, the UHRC Tribunal will hear the
case. During Tribunal proceedings, a UHRC employee assists or represents the
complainant, while the state is represented by a member of the Attorney-office.
Generally, the case is heard by one of the commissioners, who must be a judge, who
has the authority to order any type of legal action, including compensation. By
referencing global norms, the UHRC has formulated guiding principles for its pay
awards.332 In circumstances of state liability, compensation is given to the Attorney-
General rather than the specific offender. The UHRC lacks the authority to enforce its
rulings.
331
1995 Constitution of the Uganda as amended Article 52 (1) (a).
332
See UHRC, 7th Annual Report, 2004, pp29-31
46
CHAPTER FOUR
THE ABILITY OF CIVIL SOCIETY TO SUPPORT TORTURE SUBSEGMENTS
4.1 Civil Society and Its Function

4.1.1 NGOs that combat torture
Only a handful of the several hundred NGOs in Uganda, 333 the majority of which are
situated in Kampala and Northern Uganda 334 are completely or primarily concerned with
torture.335 The two most significant NGOs in this area are FHRI and ACTV whose
mandates include combating torture prevention through observation, education
campaigns, and lobbying. The Foundation for Human Rights Initiative (FHRI), Kumi
Human Rights Initiative (KHRI), Uganda Discharged Prisoners Aid Foundation, Tororo
Civil Society Network (TOCINET), The African Centre for the Treatment and
Rehabilitation of Torture Victims (ACTV), Women's International Cross Cultural
Exchange (Isis- WICCE), People's Voice for Peace Gulu (PVP), Gulu NGO Forum, and
Gulu NGO Forum comprise the Coalition Against Torture, which was (Soroti).
To effectively advocate for issues like the elimination of "safe homes" 336 and ratification
of the Optional Protocol to the CAT, the Coalition intends to concentrate on networking,
increased capacity to monitor and report on torture, and coordinated campaigning. It is
too soon to judge the Coalition's efficacy because it is still in its early phases, but it is
obvious that its main areas of focus are advocacy and monitoring.
333
Susan Dicklitch, The Elusive Promise of NGOs in Africa: Lessons from Uganda (St Martin’s Press 1998) pp294.
334
Paul Omach, ‘Civil Society Organizations and Local-Level Peace building in Northern Uganda’ (2016) 51 Journal
of Asian and African Studies 77.
335
Rod Morgan, The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (Brill Nijhoff 2001) pp717-739
<https://brill.com/view/book/edcoll/9789004481916/B9789004481916_s029.xml> accessed 1 August 2022.
336
David Kaawa-Mafigiri and Eddy Joshua Walakira, Child Abuse and Neglect in Uganda (Springer 2017)
pp201‘Negotiating Restorative Justice in Access to Justice for Survivors of Sexual and Gender Based Violence in
Post-Conflict Northern Uganda’ Paul Bukuluki, Ismael Ddumba-Nyanzi, John David Kisuule.
47
4.1.2 Legal Capacity of NGOs
Most organizations can only do so much to help torture victims who are looking for
justice and compensation. 337 FHRI and HURIFO are two outliers to the rule of many
organizations having just one lawyer. The traditional emphasis on lobbying and
monitoring as well as the lack of consistent donor support for legal programs are the
main causes of this.338 Numerous NGOs understand the need to improve their legal
ability to offer legal aid and use the legal system more strategically, but they have up
until now been constrained by a lack of funding. 339
The fact that the theory and practice of strategic litigation are still in their infancy is
another noteworthy aspect.340 The phrase "strategic litigation" refers to the use of legal
channels by attorneys or non-profit organizations to advance fundamental rights for
victims, human rights, and the rule of law. 341 Strategic litigation is characterized by
innovative use of the legal system that goes beyond the ad hoc handling of individual
issues to bring cases that can advance strategic objectives. In terms of torture,342 this
entails improving survivors' access to justice and creating precedents for improved
protection, accountability, and recompense.343 The creation of a strategic litigation
program in Uganda would necessitate the identification of systemic issues, such as
victims of prior violations' inability to approach the courts due to statutes of limitations,
the UHRC's ineffective enforcement of verdicts, and impunity. 344
337
Ronald D Crelinsten, ‘The World of Torture: A Constructed Reality’ (2003) 7 Theoretical Criminology 293.
338
Erol Yayboke, Conor Savoy and Christopher Metzger, Rethinking Taxes and Development: Incorporating Political
Economy Considerations in DRM Strategies (Rowman & Littlefield 2019) pp26.
339
Ingrid V Eagly, ‘Community Education: Creating a New Vision of Legal Services Practice’ (1997) 4 Clinical Law
Review 433.
340
Miriam Saage-Maaß and others, Transnational Legal Activism in Global Value Chains: The Ali Enterprises Factory
Fire and the Struggle for Justice (Springer International Publishing 2021) pp388.
341
Ibid400.
342
Evans, Malcolm David Evans and Jens Modvig, Research Handbook on Torture: Legal and Medical Perspectives
on Prohibition and Prevention (Edward Elgar Publishing 2020) pp598.
343
Sudha Shetty, ‘Equal Justice under the Law: Myth or Reality for Immigrants and Refugees’ (2003) 2 Seattle
Journal for Social Justice 565.
344
Verónica Michel, ‘Judicial Reform and Legal Opportunity Structure: The Emergence of Strategic Litigation against
Femicide in Mexico’ in Austin Sarat (ed.), Studies in Law, Politics, and Society, vol82 (Emerald Publishing Limited
2020) <https://doi.org/10.1108/S1059-433720200000082003> accessed 2 August 2022.
48
4.1.3 Training
NGOs have organized numerous training sessions on torture in particular as well as
basic human rights.345 There hasn't been any specialized training, meanwhile, on human
rights lawsuits.346 The aforementioned Istanbul Protocol workshop from 2004 was a
significant session where participants learnt about pertinent standards, how to
document torture, and how to use evidence in court. 347 A topic covered at the Gulu
workshop in January 2007 was the medico-legal analysis of human rights breaches,
including torture.348 To thoroughly cover the pertinent domestic and international case
law, challenges and potential solutions, as well as how to choose and effectively present
cases to various judicial fora, more specialized training would be required.
The legal facets of dealing with and for torture survivors and trauma sufferers have
received scant legal training.349 Although it has primarily targeted medical
professionals,350 ACTV has only recently begun to offer training on these topics. 351 In the
North, where numerous organizations have been working on victims' issues and were at
the time of writing discussing forming a Victims Rights Working Group with a focus on
both involvement before the ICC and in local judicial procedures, the situation is slowly
beginning to change.352
345
‘A New Chance for Human Peaceableness? Peace and Conflict: Journal of Peace Psychology: Vol 6, No 3’ pp193-
215 <https://www.tandfonline.com/doi/abs/10.1207/S15327949PAC0603_2> accessed 2 August 2022.
346
id=qHolsCdgvFsC&pg=PA625&dq=uhrc+awarded+2+million+for+torture+carried+out+by+chieftaincy+of+military+i
ntelligence&hl=en&sa=X&ved=2ahUKEwi8-42k1fL4AhW4X_EDHQcrCMkQ6AF6BAgCEAI#v=onepage&q=uhrc
%20awarded%202%20million%20for%20torture%20carried%20out%20by%20chieftaincy%20of%20military
%20intelligence&f=false> accessed 12 July 2022.
347
‘The Normative Value of the Istanbul Protocol by Claudio Grossman : SSRN’ pp84
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2213431> accessed 2 August 2022.
348
Emilio Mordini and Manfred Green, Internet-Based Intelligence in Public Health Emergencies: Early Detection
and Response in Disease Outbreak Crises (IOS Press 2013) ppv.
349
‘Women as Torture Victims - F. Allodi, S. Stiasny, 1990’
<https://journals.sagepub.com/doi/abs/10.1177/070674379003500207?journalCode=cpab> accessed 2 August
2022.
350
Kirstine Amris, Lester E Jones and Amanda C de C Williams, ‘Pain from Torture: Assessment and Management’
(2019) 4 Pain Reports e794.
351
‘Livelihoods in Rehabilitation Can Transform Survivors’
<https://irct.org/media-and-resources/latest-news/article/1091> accessed 2 August 2022.
352
Zachary Lomo and Lucy Hovil, Behind the Violence: The War in Northern Uganda (Institute for Security Studies
2004) pp87.
49
4.2 History, services, capability, training, and legal program of ACTV's role
The only organization in Uganda that specializes in helping victims of torture is ACTV. 353
Only ACTV has the provision of "holistic treatment and rehabilitation services (physical,
mental, legal, and social) to torture survivors" as its main strategic objective. 354 Other
local human rights NGOs and organizations have torture victims among those
approaching them for the assistance of one kind or another. 355 This is why a variety of
organizations, such as the Uganda Human Rights Commission, as well as other human
rights NGOs frequently send torture survivors to it (UHRC). 356 Reiterating that point,
ACTV fulfils its explicitly stated objective of "providing quality treatment and
rehabilitation services to torture victims as well as to advocate against torture" whereas
some other NGOs do the same in the framework of their larger human rights advocacy
programs.357 To achieve these goals, the organization's other strategic goals are to
"advocate against torture, raise awareness about torture among those who commit acts
of torture and the general public, generate information about the prevalence of torture
through research, monitoring, inspection visits to detention facilities, and
documentation, and offer socioeconomic rehabilitation services to torture survivors." 358
Under the direction of the Danish-based International Rehabilitation Centre for Torture
Victims,359 ACTV was established in Kampala in 1993 (IRCT). 360 Although its primary
offices and operations are located in Kampala, a branch office was established here in
Gulu, Northern Uganda, in 2006. It is recognized as a nonpartisan, nongovernmental
organization with a mission to advance and defend human rights, with a focus on the
353
Directory of Services and Resources for Survivors of Torture, p pp397
<https://books.google.com/books/about/Directory_of_Services_and_Resources_for.html?id=7LP7axQ3Ch0C>
accessed 2 August 2022.
354
Ibid 403.
355
ACTV, Annual Report, 2005, pp6.
356
One of ACTV’s important activities is to provide medical-legal reports for the UHRC. Thus torture survivors who
lodge claims with Human Rights Tribunal are sent by it to ACTV for that purpose; ACTV provides these reports, and
in addition offers the full range of its services to such persons.
357
G (n’6).
358
Ibid.
359
P Peter R Baehr, Hilde Hey and Jacqueline Smith, Human Rights in Developing Countries: Yearbook 1995
(Martinus Nijhoff Publishers 1995) pp23.
360
‘ANNUAL-REPORT-2019.Pdf’ pp10 <https://actvuganda.org/download/ACTV-Annual-Report/ANNUAL-REPORT-
2019.pdf> accessed 2 August 2022.
50
well-being and recovery of those who have been subjected to torture by armed groups
and security forces.361 Its primary tasks include providing medical care, physical therapy,
nursing and care, social and trauma counselling, 362 legal advice, referrals for specialized
care and legal redress, awareness-raising activities, advocacy, networking with
pertinent NGOs/CBOs, government agencies, and international organizations, as well as
inspections of detention facilities.363
Over the past 14 years, ACTV has gone through several stages of development. 364 It
was founded by a Ugandan doctor who had experienced torture himself and initially
focused on providing physical and psychological aid to victims. 365 In 2004, the current
director and numerous new employees were hired, and a three-year Strategic Plan was
implemented for the years (2005–2007). One of the goals for the first year, to provide
care services to at least 600 victims of torture overall, was surpassed thanks to an
active Board: by the end of 2005, 752 additional clients had benefited. 366 A total of 1145
new clients were given access to medical care, counselling, and legal services in
2006.367
When determining whether a client qualifies for its program, ACTV has always
employed the definition of torture provided by the UN Convention against Torture. 368
Although it has also treated victims from the two Obote eras and those of Idi Amin, the
majority of victims who have come through its doors have been those who have
suffered after the current Government came to power in 1986.369 Today, individuals that
visit ACTV are "regular" people who have been tortured by the army, police, or jail
361
Ibid 3.
362
Meredeth Turshen, African Women’s Health (Africa World Press 2000) pp82-100.
363
Hindpal Singh Bhui, ‘Inspecting Immigration Detention: Her Majesty’s Inspectorate of Prisons’ [2017]
Challenging Immigration Detention 82, pp106.
364
This background was provided in an interview with one of the longest-serving ACTV staff members in November
2006.
365
Chris Dolan, Social Torture: The Case of Northern Uganda, 1986-2006 (Berghahn Books 2009) pp107.
366
ACTV, Annual Report 2005, pp2-3.
367
ACTV, Draft Annual Report, 2006, p. 2. In 2004 ACTV treated 437 victims of torture.
368
H Danelius and Herman Burgers, The United Nations Convention Against Torture: A Handbook on the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (BRILL 2021) pp10.
369
Interview with Mr. Fred Muzira (Social Worker/Councilor), on 23 November 2006 who said he knew of two men
with PTSD from the Obote II era who still come to ACTV for treatment.
51
system, political prisoners who are opposed to the current administration, and refugees
who have been tortured in Uganda's neighbouring nations. 370 Naturally, the situation is
very different in Gulu, where thousands of people in Northern Uganda have been killed
by the UPDF, the LRA, or both. The number of people treated increased immediately
and significantly after the Gulu branch opened. Thus, a total of 519 (45%) of the 1145
new ACTV subscribers acquired in 2006 were registered in Gulu. 371
4.3 Treatment capacity, quantity, and quality for torture survivors

The fact that there are more and more new customers each year demonstrates the
growing need for ACTV services.372 This shows that torture is still practised in Uganda 373
and that ACTV's outreach initiatives are having the desired impact by bringing victims to
the organization for medical, psychological, and legal assistance. 374 The comprehensive
data kept by ACTV on each client allows for the detection of patterns of torture,
offenders, gender issues, locations, age, and several other factors while also responding
to the needs of the individual. 375 Every new client is evaluated to see if they qualify for
the definition of torture; those who do not are directed to the appropriate
NGOs/agencies where they can receive aid. 376 Data is collected using a thorough "Client
Survey Questionnaire" form, which includes all pertinent personal information, the
impact of the torture on employment, education, and family life, the context of the
torture, property losses, the type of torture, and perpetrators, and more. Ongoing,
thorough documentation of both medical and psychological counselling is recorded. To
370
Turshen (n 30) pp106.
371
Draft Annual Report 2006, pp2.
372
2004: 437; 2005: 752; 2006: 1145.
373
‘Chronic Pain in Torture Victims | SpringerLink’ pp73-79 <https://link.springer.com/article/10.1007/s11916-010-
0101-2> accessed 12 August 2022.
374
Helen Liebling and others, ‘Musisi, S., Kinyanda, E., Liebling, H., & Kiziri-Mayengo, R. (2000) Post-Traumatic
Torture Disorders in Uganda: A Three Year Retrospective Study of Patient Records at a Specialised Torture
Treatment Centre in Kampala, Uganda. In, Torture, 10, 3, 81-87. International Rehabilitation Council for Torture
Victims, Copenhagen, Denmark.’ (2000) 10 Torture: quarterly journal on rehabilitation of torture victims and
prevention of torture 81, pp82.
375
Steven J Barela and others, Interrogation and Torture: Integrating Efficacy with Law and Morality (Oxford
University Press 2020) pp449.
376
Annual Report 2005, pp6.
52
ensure security, each client is given an identifying number advocating for their legal
concerns to be addressed.
4.4 Expanding ACTV service availability

4.4.1 Prisons
Although ACTV has worked with and in prisons for a while, it is now emphasizing this
more.377 In the Districts of Mpigi, Mityana, Bushenyi, Kampala, Mityana, Wakiso, and
Mukono in 2006, visits were made to three Central Government Prisons and eleven
Local Administration Prisons. 258 new patients in total 218 males and 40 women were
registered as torture victims and received all-encompassing care. 378 A medical doctor,
nurse, trauma counsellor, and physiotherapist made up the treatment team. A
significant discovery was that, in addition to cases of torture by state agents (security
personnel and prison guards), there have also been instances of prisoners torturing
other prisoners without consequence.379 For prison warders and other security
personnel to join the fight against torture, ACTV organized anti-torture sensitization
sessions in specific regions to counter these inclinations. 380 Along with Local
Government Prisons, ACTV was permitted to visit Central Government Prisons in several
regions of Uganda.381 However, because of funding constraints, it is not always possible
to do follow-up visits in some Central Government Prisons.382
4.5 The advocacy and communication plan

Increased knowledge of torture and its effects, as well as the growth and consolidation
of networking and advocacy efforts that support its other core activity, are all priorities
377
Amanda Dissel, ‘Prison Conditions in Africa’ 7, pp4.
378
ACTV, Draft Annual Report, 2006, pp. 11-12. In comparison, ACTV treated 149 inmates who were victims of
torture in 2005, the year when the leadership of Uganda Prison Service denied ACTV permission to visit Central
Government Prisons – see ACTV, Annual Report 2005, pp9.
379
Christoph Wilcke and Human Rights Watch (Organization), Torture and Impunity in Jordan’s Prisons: Reforms
Fail to Tackle Widespread Abuse (Human Rights Watch 2008) pp12-20.
380
G (n’6).
381
Guglielmo Verdirame and Barbara E Harrell-Bond, Rights in Exile: Janus-Faced Humanitarianism (Berghahn
Books 2005) pp28.
382
Roy Cain and Sarah Todd, ‘Managing Funding Constraints in Frontline HIV/AIDS Social Services in Canada’ (2008)
7 Journal of HIV/AIDS & Social Services 265, pp265-287.
53
for ACTV.383 Public affairs activities such as marches, meetings, and special talk shows
are planned around holidays like the UN International Day in Support of Victims of
Torture (June 26th), cooperation with other human rights organizations, both local and
international, is ongoing, work with community-based organizations, and media
messages are developed and broadcast on local radio stations in English and vernacular
languages.384 These and related initiatives serve several objectives, including raising
awareness of the problem as part of a preventative strategy; making organizations,
officials, and others in Uganda aware of ACTV's work so that torture victims can be
referred to it, and making torture victims themselves aware of ACTV so that they can
directly seek assistance.385
4.6 Conclusion
As earlier discussed, the ability of the civil servants to aid in the rescue of torture
victims reveals the loopholes inside the governance that upholds transparency to its
citizens. An important keynote to observe is that the law upholds equity irrespective of
race, gender or sex, thus we should always improvise a helping hand to such atrocities
sighted in our nation.
383
Shane O’Mara, Why Torture Doesn’t Work: The Neuroscience of Interrogation (Harvard University Press 2015)
pp204.
384
‘Developing Communities for the Future 5ed - Susan Kenny, Phil Connors - Google Books’ pp297
id=e1tnDwAAQBAJ&pg=PA297&dq=public+affairs+activities+such+as+marches,
+meetings&hl=en&sa=X&ved=2ahUKEwic2PCXkMH5AhWwg_0HHbpVAGEQ6AF6BAgHEAI#v=onepage&q=public
%20affairs%20activities%20such%20as%20marches%2C%20meetings&f=false> accessed 12 August 2022.
385
ACTV, Annual Report, 2005, pp. 12-16.
54
CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
5.1 Introduction
These suggestions serve as a roadmap for the key parties and organizations, both
government and nongovernmental, on how they might best contribute to improving the
situation involving torture. According to the study, if the important parties pay attention
to these recommendations, the situation might improve. They are loosely organized
according to the several organs in charge of performing the necessary actions.
5.2 Recommendations
5.2.1 To the Executive
The Ugandan government has placed restrictions on the exercise of certain human
rights, most notably the freedoms of peaceful assembly, association, and expression.
These restrictions are contrary to both international human rights norms and Uganda's
duties under international law. The Ugandan government, security forces, and other
governmental institutions must show a dedication to the impartial administration of the
law. The Ugandan authorities must ensure that all Ugandans effectively enjoy equal
rights to freedom of expression, assembly, and the right to participate in public life by
being able to attend political rallies, engage with candidates and express their views as
the country prepares for its hotly contested elections that take place every five years.
To maintain public order, the police must act under national and international laws
protecting human rights.
Amnesty International calls on the Ugandan government to tell the police not to use
excessive force to break up peaceful protests, even if they consider the organizers have
not followed the law's requirement for early notice. To help with this, the government
ought to release guidelines on how to use the Public Order Management Act and how to
use tear gas following global norms. Police abuse allegations, including the use of
excessive force, arbitrary detentions, and torture, must be swiftly examined in detail,
and anyone suspected of being guilty must be brought to justice.
55
The capability of civic society and the legal profession must be strengthened. The state
may accomplish this by increasing the number of attorneys working on cases involving
torture and the skill of attorneys currently assisting survivors, particularly regarding how
to handle cases involving torture and how to use strategic litigation for the benefit of a
potentially large number of victims.
Non-governmental organizations should collaborate with the many organizations

representing torture victims and other community members. These community outreach
programs should focus on helping torture victims, especially by offering guidance and
instruction to improve their capacity to sue. It is anticipated that this will assist them in
familiarizing themselves with the necessary information and procedures of what to do in
case it becomes necessary to seek redress from the appropriate authorities.
In addition to the aforementioned, a stronger viewpoint on victims and their rights is

required in light of the lack of knowledge on the effects of torture on victims, their
needs and desires, and how to protect their rights in pertinent processes. 386 The focus
should be placed on teaching practical skills, such as how to protect victims' rights
throughout legal proceedings and how to conduct investigations without resorting to
torture. Many of these investigative techniques may involve the use of technology, such
as cameras, voice and facial recognition software, and other tools.
5.2.2 To the Uganda Human Rights Commission

JLOS and the Ugandan Human Rights Commission have expressed a desire to demand
reforms and bring about changes. 387 The JLOS Strategic Investment Plan serves as a
standard and creates engagement possibilities with civil society. JLOS should be
persuaded to concentrate on specific issues facing torture survivors who are trying to
attain justice. If not enough progress is being made, judicial interventions should be
considered to hasten the achievement of some of the important aims. Additionally,
386
Public Order Management Act. The relevant section imputes an obligation to inform Police of in advance of for
Purposes of assessing the security measures required. The Jaw does not state that Police shall give permission. It is
for this reason that man) politicians and opposition figures continue to face running battles with the Police which
misapplies the relevant Provisions of POMA.
387
JLOS bulletin 2015 issue 4 vol8 at page 45
56
there is a need to guarantee that those who violate human rights are held accountable
and that victims have access to a successful remedy and sufficient restitution.
5.2.3 Regarding the Uganda Police Force

Ensure that the right to freedom of peaceful assembly, which is guaranteed by the
constitution, will be exercised equally and fairly by all Ugandan citizens, and make a
public commitment to managing public gatherings fairly and impartially. This is
manifested through timely public awareness campaigns about the role of the police in
preventing torture in cooperation with the Public Relations department. When police
officers support and take part in torture, the police should hold them accountable. The
Police Profession Standard Unit is the only available disciplinary institution at the
moment, yet it appears to be insufficient in disciplining its personnel.
5.2.4 To the Ugandan Parliament

Change the definition of consultations in the Presidential Elections Act so that the police
can distinguish them from other public gatherings and so that candidates for the
presidency can understand how to manage their behaviour under the law. 388 The
Constitution ought to declare freedom from torture to be a nondelegable right. 389 When
the outright ban against torture might be contested, such as during the enactment of
emergency legislation or the fight against terrorism, a constitutional provision serves as
a helpful point of reference. It also helps defend the absolute ban because changing the
Constitution is typically more challenging than changing or repealing statutory law.
To reflect the seriousness of the crime and to allow States to monitor, report, and
effectively respond to torture wherever it occurs, it is vital to criminalize torture as a
separate offence. It is better to criminalize torture if the definition of torture in the
penal code and/or any specific anti-torture laws are identical to the definition in Article
1 UNCAT. Therefore, anti-torture legislation should include a definition of torture that
388
Section 2 of the Presidential elections Act does not provide a definition for the word consultations. It was for
this reason that that the 2016 Election campaigns during the consultations put opposition politicians Amama
Mbabazi and Kizza Besigye in running Battles with security agencies because they opted for rally type of
consultations which the police on the other hand interpreted as unlawful gatherings per the provisions of the
Public order Management Act.
389
57
encompasses the following four essential components: A public official or person acting
in a public capacity intentionally inflicts extreme pain or suffering, whether bodily or
mental for reasons such as collecting information or a confession; punishing;
intimidating or coercing; and discrimination of any type.
5.3 Conclusion
This report suggests a comprehensive strategy for legal reform. Effective judicial
intervention, strong political will, and institutional commitment are anti-torture
measures that are necessary for the prevention of torture in Uganda to be successful.
More precisely, new legal rules will be needed to align Ugandan law with the CAT,
constitutional clauses, and anti-torture legislation. Empowering citizens and community
members, enhancing the institutional capability of the police, the judiciary, and other
concerned officials, and effective monitoring in domestic and UN contexts are only a
few of the social and cultural changes that are necessary.
58

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A STATE OF IMPUNITY: ASSESSING THE OCCURRENCE OF ARBITRARY

DETENTION AND TORTURE IN UGANDA

AMOLA ARTHUR ISAAC

REG NO: 18/U/1802/GBL/PS

A DISSERTATION SUBMITTED TO THE FACULTY OF LAW IN THE PARTIAL

AMOLA ARTHUR ISAAC

REG NO: 18/U/1802/GBL/PS

Dr. Emmanuel Okurut

Anti-Terrorism Act 2012.

Presidential Elections Act.

Penal Code Act Cap 120.

Prevention and Prohibition of Torture Act 2012.

UPDF Act 2005.

Prisons Act 2006.

Control of Aliens Act.

United Nations Convention against Torture.

European Convention on Human Rights.

American Convention on Human Rights.

Universal Declaration of Human Rights.

Criminal Procedure Code Act

Public Order Management Act

ICC – International Criminal Court.

OPCAT – Optical Protocol Convention against Torture.

ECPT – European Convention for Prevention of Torture.

ICCPR – International Convention on Civil and Political Rights.

LRA – Lord Resistance Army.

KHRI – Kumi Human Rights Initiative.

UHRC – Uganda Human Rights Commission.

FDC – Forum for Democratic Change.

GCM – General Court Martial.

CMI – Chieftaincy of Military Intelligence.

ISO – Internal Security Organization.

VCCU – Violent Crime Crack Unit.

FHRI – Foundation for Human Rights Initiative.

ACHPR – African Charter on Human and Peoples Rights.

DPP – Directorate of Public Prosecutions.

JLOS – Justice Law and Order Sector.

Kakwenza Rukirabashaija, The Greedy Barbarian (2020) pp86.

Rebecca Tapscott, Arbitrary States: Social Control and Modern Authoritarianism in

Jean Bethke Elshtain, ‘Reflection on the Problem of Dirty Hands,’ in Torture: A

Elisabeth Hoffberger-Pippan, Less-Lethal Weapons under International Law: A Three-

Handbook of Old-Age, Survivors, and Disability Insurance Statistics (US Department of

Hal Marcovitz, Exposing Torture: Centuries of Cruelty (Twenty-First Century Books

Lene Wendland, ‘A Handbook on State Obligations under the UN Convention against

IBP Inc., UK National Intelligence Services Handbook Volume 1 Strategic Information,

Torture and Democracy - Darius Rejali - Google Books’ pp281

Anders Sjögren, Between Militarism and Technocratic Governance: State Formation in

Daniel P Mannix, The History of Torture (eNet Press) pp50.

DW Bowett, ‘Estoppel before International Tribunals and Its Relation to Acquiescence’

Metin Baolu, Torture and Its Definition in International Law: An Interdisciplinary

A Review of the Uganda Police Force (2006) (CHRI) pp32.

Jeremiah Wade-Olson, Punishing the Vulnerable: Discrimination in American Prisons

Directory of Services and Resources for Survivors of Torture , p pp397

Guglielmo Verdirame and Barbara E Harrell-Bond, Rights in Exile: Janus-Faced

Abdulmumini A Oba, ‘HUMAN RIGHTS CONCERNS IN MUSEVENI’S UGANDA’ (2005) 47

Pre-Trial Detention in Uganda pp12.

‘Interactive Effects of Personal and Organizational Resources on Frontline Bank

Aurel Croissant and David Kuehn, Reforming Civil-Military Relations in New