Police officers to answer for abuses as individuals
Security personnel arrest Mbabazi supporters at the American Embassy in Kampala recently. File photo
Kampala- Police officers and other state agents implicated in violation of human rights of suspects will be held liable as individuals and not as institutions, the Constitutional Court ordered yesterday.
A panel of five Judges led by Justice Augustine Nshimye also directed the Director of Public Prosecutions (DPP) and the Inspector General of Police (IGP) to investigate a case in which a couple based in Mbarara is accusing two officers of the disbanded Rapid Response Unit (RRU) of alleged torture, seizure of property and money worth millions of shillings.
The other justices are Eldad Mwangusya, Richard Buteera, Prof Lillian Tibatemwa and Fredrick Egonda – Ntende.
“…the time has come for legal practitioners to consider in cases of this nature adding as parties the perpetrators, and their supervisors of challenged actions in their personal capacity so that they can face civil consequences for their willful disregard of the fundamental rights and freedoms of the people of this country,” court held in a unanimous decision.
The court decision resulted from a 2010 petition in which Mr Domaro Behangana and his wife Ms Mangadalen Behangana Birungi sued the Attorney General (AG), arguing that police officers led by Mr Jimmy Okiror who headed the defunct RRU in Mbarara and a one Milton Gumisiriza.
The duo is accused of beating the couple using batoons that caused them bodily harm and trauma as well as seizing their property and money.
Misconduct cited
Court held yesterday that the case reveals significant misconduct of law enforcement officers who ought to be prosecuted in accordance with the Police Act.
“In order to address impunity, we direct the Registrar of this court to serve copies of this judgment upon the DPP and IGP with a directive that they investigate this matter and report to this court not later than six months from the date of this judgment, the results of their investigations and the actions that they have taken against the errant officers,” court held.
The court dismissed a preliminary
