By Blair Atwebembeire.
As witnesses took to the stand to testify in the much publicized Nagirinya criminal trial, stories of the underhand, cruel and inhumane tactics used by the law enforcement officers to extract information started to emerge. These stories are not different from proceedings recorded in other recent high profile cases that have unraveled shocking accounts of law enforcement’s use of torturous techniques during criminal investigations. These abhorrent practices are not only criminal and violations of fundamental human rights but also serve as a damning testament to the incompetence of investigators involved in these cases.
Torturing suspects as a means of extracting information is not only morally repugnant but also fundamentally flawed in its effectiveness. Investigators must recognize the unreliability of the information obtained through torturous means. Individuals subjected to torture are likely to provide false or misleading information in an attempt to appease their tormentors. Consequently, investigators are led astray, wasting valuable time and resources pursuing misleading leads that yield no results.
Moreover, the use of torture erodes trust in the justice system and law enforcement agencies. When those entrusted with upholding the law resort to barbaric tactics, it undermines the public’s faith in their ability to serve justice fairly and impartially. The breakdown of trust hinders the collaboration of witnesses and informants, making it increasingly difficult to solve crimes and ensure community safety.
Torture not only violates the rights of the individuals being subjected to it under the Ugandan law but also undermines the principles of human rights enshrined in international law. The Universal Declaration of Human Rights (UDHR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Torture Convention”) explicitly prohibit torture under any circumstances. By engaging in such acts, investigators exhibit a severe lack of understanding or disregard for these fundamental human rights.
The incompetence of investigators utilizing torture during interrogations becomes even more apparent when alternative methods are considered. Modern investigative techniques, such as professional interrogations, evidence gathering, forensic analysis, and technological advancements, have proven to be far more effective in obtaining reliable information. These lawful and ethical approaches not only yield credible evidence but also respect the rights of the individuals involved, ensuring a fair and just legal process.
The use of torture in criminal investigations has far-reaching consequences beyond the immediate harm inflicted upon the suspects. It perpetuates a culture of violence and retribution, leading to a cycle of brutality that undermines the very foundations of a just and civilized society.
Law enforcement agencies and the criminal justice system in Uganda must take immediate action to address this issue and eradicate such practices from their ranks. Effective investigations require competent, well-trained investigators who employ lawful and ethical techniques to gather evidence and ensure a fair trial for all parties involved.
The use of torture during criminal investigations is an unequivocal sign of incompetence on the part of investigators. By violating human rights, eroding trust, and resorting to ineffective methods, they demonstrate a failure to uphold the values of justice, fairness, and the rule of law. It is imperative that society and the justice system unequivocally reject such practices and work towards a more just and ethical approach to investigations.
Mr. Blair Atwebembeire is an Advocate of the High Court of Uganda. E-mail: blair.advocates@gmail.com
