Torture:  Don’t normalise cruelty

Left: National Unity Platform mobiliser Samuel Masereka is aided to walk at the party headquarters in Kamokya, Kampala, on January 31, 2022. Right: A close-up of some of the scars and wounds on Mr Masereka’s feet. PHOTOS/ABUBAKER LUBOWA

What you need to know:

  • The issue: Torture
  • Our view: We must stop impunity, and restore ethics in our security forces, leaders and state agents. Torture is unethical, it is illegal. 

The ruling National Resistance Movement has contributed greatly in keeping Ugandans informed about the country’s pre-1986 dark history. 

That history is a cocktail of extra-judicial killings by state agents, enforced disappearances, torture, lack of due process, and extortion. The list is endless. 

Yet, 36 years later, the government that spoke ill about these excesses stands accused of perpetrating the same. In this case, torture.  Torture means causing great physical or mental pain or suffering to a person, who is held in detention. This can be done by doing something to a person, but also indirectly by not doing anything to stop or prevent torture. 

Uganda is not without laws. The Constitution provides that no person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. Uganda has also ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  Its provisions form part of the Prevention and Prohibition of Torture Act (2012).  There are so many other legal instruments like the Human Rights (Enforcement) Act 2019, which provides for individual responsibility for violations of human rights.

In the past few days sordid images of tortured activists have been circulating in the media including those of writer Kakweknza Rukirabashaija charged with disturbing the peace of President Museveni and Commander of the Land Forces, Lt Gen Muhoozi Kainerugaba.

We have seen evidence and heard stories, sometimes covered live on television and social media of people who have endured beatings, burns with electrically heated metals etc., water boarding, sleep deprivation, and even cases of suspects being drugged. It doesn’t have to be like this. 

There are reports of missing political activists and many others incarcerated. In brief, there is sufficient evidence to reflect and change course. Victims have been threatened with death or harm to their family and relatives. A country with a progressive Constitution and laws is rendering lives as waste. Rights are abused by the state or those linked to the state with impunity, without consequence.

We must not allow a situation where torture becomes like corruption. Where we ask how much and not how terrible. 

The Ugandan Human Rights Commission (UHRC) established under Articles 51 to 59 of the Constitution and tasked with functions, such as investigating abuses, carrying out prevention work and trying civil suits regarding human rights must exercise its mandate. 

We must stop impunity, and restore ethics in our security forces, leaders and state agents. Torture is unethical, it is illegal, and unconstitutional.