The Chief Justice, Bart M. Katureebe, has lashed out at security agencies for abusing their power and authority while arresting suspects and they treat them as animals.
Flanked by the Minister of Justice and Constitutional Affairs, Rtd Gen Kahinda Otafiire, the Chief Justice, while commissioning of the Justice Centres in Ibanda and Kiruhura this on Friday warned security agencies against the inhumane treatment of their fellow human beings.
“When you are arresting Ugandans, arrest them like human beings not animals. We do not want you to bring people in court while bleeding, failing to walk and sick because such people belong to the hospital, not court,” Justice Katureebe said.
“Article 44 of the Constitution of Uganda sets out rights that cannot be derogated in any circumstances one of which is freedom from torture, cruel and inhumane treatment. Even the Baganda say you cannot wrestle someone down and then bite them.”
Following the August 13 fracas in Arua that saw the presidential convoy stoned, over 30 people including legislators Robert Kyagulanyi, Kassiano Wadri, Paul Mwiru and Gerald Karuhanga were arrested by security agencies and charged with treason for trying to harm the president.
However, on appearance in court, most of those arrested were limping whereas others were walking by the aid of crutches following wounds inflicted on them by security agencies during and after their arrest.
The Chief Justice on Friday said he had written to the Minister of Justice and Constitutional Affairs over the matter.
“We know that sometimes the situation is fluid and some people may overreact but when someone is subservient there no need for torture,” he advised.
“For us as court, when a suspect says they were tortured, that evidence is not admissible. If you get a confession due to torture, you mess up the case.”
He said that when accused persons who are victims of torture are produced in court, they will be given bail and sent to hospitals for treatment.
The Chief Justice joins a number of other people and organisations which have lashed out at security agencies for torturing suspects especially those involved in the Arua by-election fracas.
The Speaker of Parliament, recently Rebeca Kadaga wrote to President Museveni asking him to punish security officers especially the military who participated in the alleged torture of Members of Parliament, journalists and civilians during and after the Arua Municipality by-election chaos.
“Your excellency, I am concerned that no effort has been made to arrest the security officers from SFC, military police and Uganda Police Force who were involved in the violent actions against unarmed civilians,”Kadaga says in the letter also copied to the Vice President, Deputy Speaker of Parliament and the Prime Minister.
“This conduct is in breach of the Prevention and Prohibition of the Torture Act 2012 in force in Uganda, especially section 2 1(a) and (b).”
In the matter that she described as being in need of urgent attention, Kadaga said it would be difficult to conduct government business in parliament if the matter is not resolved.
“The Uganda Parliament will not condone or acquiesce in acts of torture,” she added.
