The leg of National Unity Platform mobiliser for Kasese District Samuel Masereka (right) with torture marks which he alleges were inflicted on him by officers at the Chieftaincy of Military Intelligence in Mbuya, Kampala, where he was detained for more than 30 days. Left is a battered back of writer Kakwenza Rukirabashaija who operatives detained for more than a week since December 28, 2021. PHOTO/COURTESY/ABUBAKER LUBOWA
Over two months ago, the High Court in Kampala delivered several noteworthy judgments on torture, holding the government and its security agents accountable. One of the most significant rulings ordered the government to compensate self-exiled satirical novelist Kakwenza Rukirabashaija with more than Shs50 million.
The court found that state security operatives had tortured Kakwenza and violated his privacy by forcibly entering and searching his home in Iganga District without a valid court order, contravening national laws protecting individual privacy.
READ: A State of torture?
Another landmark case saw two journalists from the state-owned media house, the Vision Group, each awarded Shs75 million as compensation for severe beatings inflicted by security operatives while they were covering the runner-up of the 2021 presidential polls, Robert Kyagulanyi, also known as Bobi Wine, at the United Nations Human Rights offices in Kololo.
Justice Boniface Wamala, in his ruling, observed that security operatives had violated Article 29(1) (a) of the Constitution, which guarantees every person the right to freedom of speech and expression, including freedom of the press.
“The second and third applicants (the journalists) presented evidence showing they were assaulted and sustained bodily injuries while covering news stories and taking photographs in the course of their work,” Justice Wamala ruled.
He added: “This evidence was not rebutted by the respondents (the Attorney General and the sued officers) and has been found by the court to be credible. I agree with the applicants that the conduct of the security personnel constituted an attack on their freedom of the press and media, violating their right to practise their profession. Given the evidence and circumstances, I find the sum of Shs75 million appropriate as general damages for each of the two applicants.”
The compensation awarded to the journalists will be paid by the office of the Attorney General, whom the judge deemed vicariously liable for the misconduct of its officers, servants, or agents.
As the 2026 electioneering cycle gains momentum, human rights activists and law enforcement officers have expressed mixed views on whether these stringent court decisions will deter security personnel from torturing Ugandans participating in the electoral process.
Human rights lawyer Nicholas Opiyo welcomes the anti-torture judgments but argues that they are minimal steps that will have little impact unless commanders who order, supervise, and shield such acts are held personally accountable.
“It will take command responsibility liability to change the culture of torture. At a minimum, individuals responsible for unlawful actions must face sanctions,” Mr Opiyo asserts.
He continues: “Accountability is central to human rights enforcement and the Prevention and Prohibition of Torture Act. We must raise the cost of human rights violations by ensuring that those who order and perpetrate these actions are held criminally and civilly responsible.”
Case files
Similarly, another human rights lawyer, George Musisi, contends that the number of court rulings on torture is minimal compared to the number of cases filed.
He also highlights the challenges victims face in receiving compensation from the government, noting that payments often take years to materialise.
“Yes, we have seen positive judgments on torture. However, I do not think they have had a significant deterrent effect on errant officers. Firstly, these cases represent only a fraction of those filed or incidents reported. Justice delayed undermines the very purpose of the Act,” Mr Musisi states.
He adds: “Secondly, the damages awarded are often too small to serve as a strong deterrent. Thirdly, even for successful claimants, actual payment is rarely realised. The absence of criminal prosecution for perpetrators effectively grants them implicit permission to continue these crimes. They believe they have a nod from their superiors.”
The African Centre for Treatment and Rehabilitation of Torture Victims (ACTV), an organisation dedicated to rehabilitating survivors, has engaged the Electoral Commission (EC) to understand its plans for addressing torture ahead of the 2026 presidential elections.
Mr Samuel Herbert Nsubuga, the ACTV’s executive director, stresses the need for an extensive civic and voter education programme led by the Uganda Human Rights Commission and the EC.
“Elections in Uganda are often marred by violence, extremism, radicalism, and torture, perpetrated by both civilians and public officials. We met the chairperson of the Independent Electoral Commission, Justice Simon Byabakama, to explore collaboration on preventing and responding to torture while ensuring a violence-free election in 2026. Discussions are ongoing,” Mr Nsubuga explains.
Mr Julius Mucunguzi, the head of Public Relations and Spokesperson for the Electoral Commission, states that ensuring free and fair elections is a shared responsibility.
“The Commission appeals to all stakeholders to reject violence, act lawfully, follow EC guidelines, and treat one another with respect. Elections should not be viewed as a do-or-die affair,” Mr Mucunguzi says.
He adds: “Conducting peaceful elections requires the collective efforts of political parties, leaders, civil society organisations, religious and cultural institutions, the media, and all citizens.”
However, Mr James Ereemye Mawanda, the public relations officer of the Judiciary, refutes claims that judges are lenient in handling torture cases.
“Each case is assessed on its merits, and the compensations awarded are appropriate to the gravity of the offences,” Mr Ereemye asserts.
Higher orders vs rights
In 2020, Justice Margaret Mutonyi ruled that individual members of the police and other security forces cannot rely on ‘higher orders’ to justify human rights violations.
Justice Mutonyi emphasised that following superior orders does not absolve one of responsibility, citing the International Military Charter (Nuremberg), which states: ‘The fact that the defendant acted under orders of his government or of a superior shall not free him from responsibility.’
“If the Uganda Judiciary is to remain relevant, it must uphold the rule of law by awarding damages against the Attorney General as a representative of the state and holding individuals accountable for deliberate human rights violations,” she stated.
Torture manifests in various forms, including physical, mental, and sexual abuse. According to the recently released 2024 police crime report, there were 29,580 cases of assault, marking a one percent decrease from 2023.
