Blair Atwebembeire.
In recent times, a disconcerting pattern has emerged within Uganda’s criminal justice landscape. Accused persons, facing serious charges, are increasingly invoking allegations of torture in a bid to escape prosecution. This alarming trend sheds light on the profound challenges afflicting the nation’s law enforcement and investigative mechanisms.
The case involving Minister for Karamaja Honourable Gorretti Kitutu provides a distressing glimpse into the gravity of the situation. Minister Kitutu has sought to annul her trial by asserting that she endured torture during the investigation phase. She recounts being deprived of essentials like food and water, blindfolded, and transported to various undisclosed locations, all while enduring intense interrogation by a team of law enforcement officers.
Such narratives of alleged torture have arisen in various high-profile cases, offering a troubling insight into the systemic nature of this issue. For instance, Hamza Higenyi, one of the accused persons implicated in the murder of AIGP Andrew Kaweesi, has detailed a harrowing experience of torture while in custody. He describes being confined in a hidden facility controlled by the Chieftaincy of Military Intelligence (CMI), subjected to severe abuse including the ingestion of food contaminated with sand.
Equally disturbing are the accounts from the Nagirinya murder trial, where suspects recount ordeals involving blindfolding, coerced confessions, physical assaults, firearm threats, and even bayonet stabbings. These stories underscore the dire need for reforms to address the deeply flawed investigative methods employed.
The recent instance of the Anti-Corruption Court nullifying the trial of two URA employees, accused of embezzlement, due to torture during the investigation, serves as a potent reminder of the gravity of this concern. Torture not only transgresses the constitution of Uganda but also underscores a systematic failure in the approach to investigations.
It is important to acknowledge Section 11 (2) of the Human Rights (Enforcement) Act, 2019, which stipulates that infringements upon an accused’s non-derogable fundamental rights and freedoms must result in the trial being declared null and the accused acquitted. While the President of Uganda has voiced disapproval of unprofessional investigative methods, a disconnect remains between rhetoric and reality.
Urgent action is necessary to transform law enforcement agencies, steering them toward modern and ethical investigative practices. Upholding justice mandates that officers possess the skills to conduct professional investigations without resorting to tactics of intimidation, coercion, or torture.
Genuinely reforming the system and upholding human rights are paramount in breaking the cycle of torture claims being utilized as a purported “magic bullet” to evade prosecution. Only through concerted efforts can justice truly prevail for all individuals involved, and the credibility of Uganda’s justice system be restored.
Mr. Blair Atwebembeire is an Advocate of the High Court of Uganda. E-mail: blair.advocates@gmail.com
A good read counsel. Law enforcement officers are a big mess to clean up. They are reactionery in doing their work. When a big crime has happened, these fellows rush to make arrests of anyone just in a bid to appease the public that they are working. They go ahead to abuse suspect’s rights and freedoms to obtain confessions. It is appalling