Court awards Shs150m to 20 men tortured over alleged homosexuality in Covid lockdown

What you need to know:
- The judge emphasized that the defence of the respondents that they were searching for alleged homosexuals was extremely weak and lacked legal merit, rendering further explanation unnecessary.
A High Court in Uganda has awarded Shs150 million to 20 men who were tortured and paraded by officials on accusations of being homosexuals after they allegedly flouted Covid-19 restrictions in 2020.
During enforcement of restrictions announced by President Museveni, 20 youths staying at a community residence in Nkokonjeru ‘A’ Village in Kyengera Town Council – Wakiso District, were arrested on March 29, 2020 by Ugandan security officers and they claimed torture under custody.
In court, the group claimed that their residence was invaded by a mob, among whom were local leaders, who subjected them to torture by beating, burning using a hot piece of firewood, undressing, tying, conducting anal examinations, and inflicting other forms of physical, mental and psychological violence while accusing the men of practicing homosexuality, which the 20 denied.
The group together with Human Rights Awareness and Promotion Forum (HRAPF), a non-governmental human rights advocacy organization, filed an application for human rights enforcement against Kyengera Town Council, its former mayor Abdul Kiyimba, principal officer Philimon Woniala and the Attorney General (AG).
While delivering his decision on Friday, Justice Douglas Singiza cited five wrongs that included an unlawful raid on the said residence by the respondents who were accompanied by LDU and police personnel, tying the 20 suspects using ropes as well as publicly exposing and rebuking them as homosexuals.
Justice Singiza decided that the actions of the town council and the Kiyimbas were unconstitutional- thus ordering them to pay Shs150 million in damages for torturing them.
"The five events cited provide clear evidence of a breach of the 1st-20th applicants’ privacy rights. The respondents, acting without a search warrant or legal justification, violated the applicants' protected private space," Justice Singiza ruled.
The judge emphasized that the defence of the respondents that they were searching for alleged homosexuals was extremely weak and lacked legal merit, rendering further explanation unnecessary.
Meanwhile, Justice Singiza ruled that an extravagant award would be counterproductive in this case as he considered an award of Shs5, 000,000 as general damages for each of the 20 applicants, payable –equally- by Kiyimba and Kyengera Town Council, to be sufficient.
Additionally, considering the circumstances of the applicant's arrest and the debasing language used during the Covid-19 pandemic, Justice Singiza awarded Shs2.5 million as exemplary damages to each applicant, also payable –equally- by Kiyimba and Kyengera Town Council.
Also in his ruling, Justice Singiza acknowledged that the 20 applicants were subjected to torture, inhuman treatment and privacy violations.
However, the judge noted that it was not proved that their treatment differed from that of other Covid-19 restriction offenders.
“Regarding Article 21(2), I’m unable to determine whether sexual orientation is a prohibited ground of discrimination, per the Anti-Homosexuality Act and Constitutional Court precedents," the judge added.
The 20 torture victims are Henry Mukiibi, Ashraf Walugembe, Saddam Kateregga, Ivan Kawooya, Edward Joel Oketch, Raj Juuko, Dennis Ssamula, Jackson Ssendagire Mayanja, Rodney Sheema, Tevin Harris Kifuba, Mark Muhereza, Jabel Tushabomwe, Abbey Gwaivu, Andrew Kibalama, Ronald Ssenyonga, Yahaya Muyomba, Douglas Tumuhimbise, James Tindyebwa, Kelvin Kugonza and Karim Yiga.