What you need to know:
- Mr Samuel Masereka claims he was tortured by operatives of CMI, which was by then headed by Gen Kandiho.
The former Chief of Military Intelligence, Maj Gen Abel Kandiho, has been dragged to the High Court in Kampala over alleged torture.
Mr Samuel Busindi Masereka, the coordinator of the Opposition National Unity Platform (NUP) party for Kasese District, in his law suit filed on Tuesday, claims to have been arrested by men attached to the Chieftaincy of Military Intelligence (CMI), who held him incommunicado for 19 days, and subjected him to immense torture, for which he is seeking compensation.
Gen Kandiho was on Tuesday named Joint Chief of Staff of Uganda Police Force.
Also sued is the Attorney General in his capacity as the government chief legal adviser.
“A declaration that the battering, flogging, intentional infliction of wounds, harassment and water boarding of the applicant (Mr Masereka) while in detention at CMI Mbuya constitutes a threat or violation of the dignity and freedom from torture,” reads in part the court documents.
They add: “A declaration that the detention of the applicant (Mr Masereka) at CMI Mbuya for 19 days, constituted unlawful and illegal detention, contrary to Article 23 (4) b of the 1995 Constitution.”
In his affidavit to support his case against Gen Kandiho, who until last month was the CMI boss and has now been appointed the Police Joint Chief of Staff, Mr Masereka contends that on January 7 last month, while he was playing pool table in Kasese Town, three security men in UPDF uniform surrounded him.
“I was dragged into a drone car and whisked to Kasese Central Police Station and then to Kilembe Police Post where I spent a night. At around 14:00 hours, I was called out of the cells, handcuffed and driven to Kampala accompanied by three UPDF operatives,” Mr Masereka, who is also a student of Medical Radiography at Earnest Cook Mengo, states in his affidavit. …Upon reaching Busega (one of Kampala’s suburbs), I was hooded and then proceeded to unknown destination. Upon reaching our destination, the hood was taken off. I was totally undressed, even with no under garments and my particulars captured at the reception,” he adds.
He further claims that he was led to a basement cell where he spent the night naked and handcuffed.
“During the night, I asked some of my fellow detainees where we were and I was told that it is CMI Mbuya. On January 9, at around 9am while still handcuffed, I was interrogated about the funders of NUP, plans of NUP and my phone discussions with Lewis Rubongoya, the NUP Secretary General,” he states.
“My answers did not amuse the interrogators who in turn, thoroughly battered me for close to seven hours using a solido wire across all parts of my body, punched in my lower abdomen; my genitals were not spared neither,” Mr Masereka adds.
He further claims to have been beaten to a point of oozing blood from his mouth, nose, and genitals.
Court documents indicate that Mr Masereka’s interrogators poured very hot water on his legs and feet, resulting in grievous bodily injuries and wounds that are still visible and fresh, making him unable to move properly and now uses a hand crutch.
Through his lawyers of PACE Advocates, Mr Masereka claims to have incurred huge medical bills after being admitted to Nsambya hospital for comprehensive nursing. He says his current medical condition cannot enable him to fend for his family and yet he is the sole bread winner for which he is seeking for compensation.
By press time last evening, Gen Kandiho and government had not yet been summoned to respond the said torture claims by Mr Masereka.