Kasese NUP coordinator drags govt to court over torture
What you need to know:
- According to the court documents, Mr Masereke states that he was dragged into a drone car and whisked away to Kasese Central Police and later driven to Kilembe Police Post where he spent a night.
The coordinator of the National Unity Platform (NUP) in Kasese District has dragged the government to court for allegedly torturing him while in detention at Chieftaincy of Military Intelligence (CMI) headquarters in Mbuya.
The respondents, in this case, are; Attorney General Mr Kiryowa Kiwanuka and Maj Gen Abel Kandiho the former CMI boss.
Mr Samuel Masereka Busindi, wants a declaration from the court that; battering, flogging, intentional infliction of wounds, harassment, and waterboarding while in detention constitutes a threat and violation of dignity and freedom.
In his affidavit filed before the High Court Civil Division Tuesday, Mr Masereka who is also a student of Medical Radiography at Earnest Cook, Mengo states that while playing pool table at a local pub in Kasese Town on January 7, 2022, he was arrested by three army officers attached to CMI.
He further narrates that immediately after his arrest, a pistol was pointed in his mouth, and asked to remain silent with his phone also confiscated barring him from informing his family members about his fate.
According to the court documents, Mr Masereke states that he was dragged into a drone car and whisked away to Kasese Central Police and later driven to Kilembe Police Post where he spent a night.
“On January 8, UPDF operatives in the company of officer Bwambale picked me up from the police cell and asked me to lead them to my home in Nyamwamba East which I did,” he states in his affidavit.
He adds: “While at home and in the absence of any of my family members, a comprehensive search was done for about three hours and my property including a laptop, national card, flash disk, sim cards and all NUP documents used for moblilisation were confiscated.”
Mr Masereka who is also seeking an order for costs of the suit, special and general damages with interest, states that his detention for 19 days far beyond the prescribed hours violated his right to personal liberty thus holding the respondents liable for human rights violations and misconduct of their subordinates.
Court documents indicate that Mr Masereka was interrogated about the founders of NUP, its top secrets, next move, and his phone discussion with Lewis Rubongoya the NUP Secretary-General.
“My answers did not amuse the interrogators who in turn thoroughly battered and brutalized me for close to seven hours using a solido wire across all parts of my body, punched in my lower abdomen and genitals,” reads in part his affidavit.
It is further stated that the interrogators poured very hot water on Mr Masereka’s legs and as a result, he developed grievous bodily injuries and wounds that are still visible and fresh to this date making his movement hard.
Mr Masereka narrates that he was beaten to the point of becoming lifeless, numb, and with serious convulsions and only woke up finding himself sleeping in solitary confinement with handcuffs and blood oozing from all over his body.
Through his lawyers of PACE Advocates, Mr Masereka states that he is afraid of his medical conditions thus unable to fend for his family.
He further states that the impugned actions of the respondents and their subordinates impaired his health, threatened his life, infringed on his dignity, and caused severe physical, psychological pain, suffering, humiliation, and loss of self-worth.
jkigongo@ug.nationmedia.com