Police lead in rights abuse - report

The police have for the third year running been named the leading abuser of human rights according to the latest Uganda Human Rights Commission report.
The UHRC 13th Annual Report also shows a further decrease in reported human rights abuses committed by the army and its intelligence arm, the Chieftaincy Military Intelligence (CMI) which for years had stood out for torture, extrajudicial killing and other maltreatment of suspects held in its detention centres.

Army cleaner
Cases reported against the army dropped from 106 to 84, those naming military intelligence from seven to one, and for the Internal Security Organisation from 11 cases to seven.
Out of the 848 human rights cases registered, 305 complaints were against the police followed by private individuals with 231 cases. It also shows males were the most abused with 531 cases out of the 848 complaints. The army is now number three on the UHRC rankings of abuse with 84 cases followed by the Rapid Response Unit of police with 53.

In Bududa, the report says government’s intervention did not comply with the principles of a human rights approach to disaster preparedness and management and it violated people’s rights to health, information and paid little attention to the concerns of children.
Yesterday’s revelations cast more doubt on the stated efforts to professionalise the police which instead of making strides in maintaining law and order is now widely criticised as an institution of torture.

Presenting the report to the Speaker of Parliament, the Human Rights Commission Chairman, Mr Med Kaggwa, said torture or cruel, inhuman and degrading treatment or punishment continued to be the most common rights violation as was the case in 2009.

Of the cases filed against the police, 147 were violations of the right to freedom from torture or cruel and inhuman treatment while 128 were on detention without charge beyond the constitutional limit of 48 hours. Of the 231 cases against private individuals, 197 were on alleged violation of the right to child maintenance, 14 were violations of the right to property, and nine were violations of the right to freedom from torture.

Torture is outlawed under Article 24 of the Constitution which says that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment. Although the report covers 2010, the police has, since the beginning of the year, been on the spot for brutal treatment of civilians and suspects especially during the Opposition-led walk-to-work campaigns against the rising cost of living and price of fuel where the Force repeatedly deployed excessive force -- brutal beatings, firing of live bullets, leading to the death of civilians including children and use of coloured water against peacefully protestors.

For this, the US-based Human Rights Watch condemned the climate of “impunity and serious abuses by the police and military” and called for prompt, effective, and independent investigation into the violence. Condemnation of this impunity was echoed by the international community and civil society organisations which criticised the government for reportedly threatening democracy by violently clamping down on the right to freedom of expression and peaceful political demonstration.

Responding to the UHRC report, Mr Livingstone Ssewanyana, who heads the leading non-public rights defender in the country, Foundation for Human Rights Initiative, yesterday said the police’s topping of the list shows that Uganda still faces a challenge in ensuring that police acts in accordance with the law.

“Police still has challenges in how to handle hardcore criminals and that’s why they resort to suing excessive force,” he said. “There is need for respect of the law, respect of the population, and a need for attitudinal change within the Force and unless those things are achieved, police will continue to top the human rights abuse charts. When contacted, Police Spokesperson, Judith Nabakooba, and her deputy, Vincent Ssekate, said they have not received a copy of the report but will make an official response the moment they get a copy.

The Inspector General of Police, Maj. Gen. Kale Kayihura, was unavailable for comment. An aide who answered his phone said Maj. Gen. Kayihura was too busy. But Rapid Response Unit chief Joel Aguma said since he assumed office late last year, strict measures have been taken to ensure that the rights of suspects are respected. “We have liaised with the Professional Standards Unit to cross-check individual behaviour and there has been great improvement ever since I took office,” he said, adding that some of the officers who are cited in human rights abuse complaints are subjected to disciplinary action.

Debate on report
Parliament Speaker Rebecca Kadaga promised to ensure a full debate of the commission’s report as provided for in the Constitution and to establish a committee that will address itself to human rights issues. “We are going to split the Legal and Parliamentary Affairs committee so that one of them can fully address human rights issues,” she said. Ms Kadaga said Parliament will design a certificate of compliance to ensure that a Bill complies with the international standards before it is passed into law.

The report cites human rights abuses in detention facilities around the country especially the continued detention of children with adults at Kagadi Prison, Muhororo Police Post, Soroti CPS, Kitgum Police Station and Kyegegwa Prison, and the torture and solitary confinement of prisoners in Bugungu Prison, Lotuturu Prison farm, Kitgum Central Prison, Dokolo Prison farm, Lira Central Police Station and Erute and Awer Police post.