Zaake wins torture case, awarded Shs75m

Mityana Municipality MP Francis Zaake at the National Unity Platform (NUP) party offices in Kamwokya, Kampala last year. PHOTO|MICHAEL KAKUMIRIZI.

What you need to know:

  • The Mityana Municipality MP was arrested for violating the standard operating procedures set to curb the spread of Covid-19.

The High Court in Kampala has ordered government to compensate Mityana Municipality Member of Parliament Francis Zaake with Shs75m in compensation for the abuse of his rights when he was arrested by security forces at his home and detained in incommunicado for 10 days.
This was after he distributed food to his electorates against a presidential directive banning gatherings to minimise the spread of Covid-19 during the first lockdown last year.
In her 34-page ruling yesterday, Justice Esta Nambayo held that a medical report showed that the legislator was tortured and needs to be compensated.

“In this case, a report from the African Centre for Treatment and Rehabilitation of Torture Victims, has doctor’s recommendations showing that the applicant [MP Zaake] is in great need of regular medical and psychological interventions, like physiotherapy of his back and lower limbs together with verbal individual supportive therapy with psychoeducation and regular reviews by ophthalmologist,” Justice Nambayo ruled. 
“It is hereby ordered that the first respondent (government) pays a sum of Shs75m to the applicant (MP Zaake) in compensation of violations of his right and freedoms,” the judge further ruled.

Through his lawyers of Kiiza & Mugisha Advocates, MP Zaake had sued government alongside several senior police officers seeking compensation for torture.
The security officers, who were individually sued, include Mr Abel Kandiiho, the head of Chieftaincy of Military Intelligence (CMI), Mr Alex Mwiine, the Mityana deputy police commander, Mr Elly Womanya, the commandant of the Special Investigations Unit (SIU), Mr Twesigye Hamdani, Mr Musa Walugembe, the officer-in-charge of SIU, and Mr Haruna Mulungi Nsamba.

Reacting to yesterday’s ruling, Mr Eron Kiiza, one of Mr Zaake’s lawyers, said the court should have condemned individual security officers instead of government so that they know that it is expensive to torture innocent Ugandans.
“Good ruling in recognising that he (Zaake) was tortured and ordering for his compensation. Court winked at the culprits but they should not take the sympathy for granted as any repetition of torture may not attract similar sympathy,” Mr Kiiza said.
Background
Zaake’s arrest

On April 19, 2020, while at his home in Mityana, Mr Zaake was arrested by Mityana DPC Alex Mwiine and Wamala Regional Police Commander Bob Kagarura for distributing food to people without following the Ministry of Health Covid-19 SOPs.
He was detained at Mityana Police Station and later transferred to the Special Investigations Directorate (SID)  in Kireka, Kampala.

In court documents, the MP, who subscribes to the National Unity Platform (NUP) party, claimed during the arrest, his house was searched without a warrant issued by court and that while in custody, he was beaten, kicked, his eyes sprayed with pepper, detained in ungazetted facilities and insulted for belonging to his tribe and political party.
He was later released before being admitted at Rubaga Hospital to treat his wounds.