Kampala, Uganda.
Former Internal Security Organisation (ISO) boss Colonel Kaka Bagyenda and 14 other ex-ISO operatives have been ordered by the court to compensate a man, Mr. Musa Nsereko, with a sum of over Shs175 million for unlawful detention and violation of his constitutional rights.
The High Court, presided over by Justice Musa Ssekaana, ruled in favor of Mr. Nsereko, awarding him Shs100 million as compensation for the violation of his rights, torture, cruel and inhuman treatment, and degrading treatment. Additionally, he was granted Shs60 million for the illegal detention that lasted for 17 months, from May 2018 to September 2019.
The court also imposed a punitive and exemplary damages fee of Shs15 million on Colonel Kaka, and all the awarded amounts will accrue a 15 percent interest from the ruling date until payment is made in full. Justice Ssekaana emphasized that torture is never acceptable under any circumstances and that there is no justification for it, as freedom from torture is a non-derogable right under the Constitution. The judge further stated that arrest should only occur when there are reasonable grounds for suspicion of guilt, and any arrest pending investigation is unconstitutional.
Mr. Nsereko had sought the court’s declaration that the torture and violence inflicted upon him by the combined forces of ISO and other militias constituted a violation of his constitutional rights. He also sought a declaration that his unlawful arrest and detention at Kyengera base and two safe houses, followed by his transfer to the island of Lwamayuba in Kalangala District for 18 months, were in breach of his constitutional right to liberty. Additionally, he requested the refund of Shs20 million that was taken from him at the time of his arrest, as well as compensatory and punitive damages.
