Former CMI boss Gen Kandiho, gov’t sued over torture of Kasese NUP coordinator

Government together with the former Chieftaincy of Military Intelligence(CMI) boss, Maj Gen Abel Kandiho have been sued over the alleged torture of Samuel Masereka, the coordinator of the National Unity Platform (NUP) in Kasese district.

Gen Kandiho was recently sent to South Sudan as a special envoy and replaced by Maj Gen James Birungi as CMI chief.

In a case file before the Civil Division of the High Court in Kampala on Tuesday morning, Masereka a student of Medical Radiography at Ernest Cook, Mengo in Kampala says that on January, 7, 2022, at around 6pm while playing pool at a local pub in Kasese, three security operatives clad in UPDF attire attached to CMI arrested him and later confiscated his phone.

He says that immediately after the arrest, a pistol was pointed at his mouth and asked to remain silent, before he was dragged into a waiting drone car and whisked away to Kasese Central Police Station and later to Kilembe Police Post where he spent the night.

“On Saturday, 8, January, at around 9am, UPDF operatives in the company of officer Bwambale picked me up from the cells and asked me to lead them to my home in Nyamwamba East which I did,”Masereka says.

According to court documents, at his home, a comprehensive search was done in the absence of his lawyers for about three hours and a laptop, national ID, flash disk, sim card and National Unity Platform documents used for mobilization were confiscated as exhibits.

He avers that he was later driven back to Kasese Police Station from where he recorded a statement and later handcuffed and driven to Kampala in the company of 3 UPDF officers.

“Upon reaching Busega, I was hooded and then proceeded to an unknown destination. Upon reaching our destination, the hood was taken off. I was totally undressed, even with no under garments and my particulars taken at the reception.”

The court documents say Masereka was later led to the basement cell where he spent the night naked and on handcuffs.

“During the night, I sked some of my fellow detainees where we were and I was told that it is Chieftaincy of Military Intelligence (CMI) Mbuya.”

The court documents say the following day he was led for interrogation before four officers and that during the interrogation, he was asked abut the funders and plans for the National Unity Platform, his phone conversation with NUP’s Lewis Rubongoya as whereas as the opposition party’s next move.

Masereka says he was tortured for several days after his answers did not “amuse” his interrogators, adding that at one time blood was oozing out of his mouth, nose, genitals, and all over his body.

Declarations

In the case where the Attorney General and the former CMI boss, Maj Gen Abel Kandiho have been listed as respondents, Masereka wants court to declare that the battering, flogging, intentional infliction of wounds, harassment and waterboarding while in CMI detention constitutes a violation of the dignity and freedom from torture.

“The applicant seeks a declaration that the respondent’s actions of battering, flogging, intentional infliction of wounds, harassment waterboarding and torture while in detention at CMI Mbuya threatened and violated his non-derogable freedom from torture, cruel and inhumane and degrading treatment guaranteed by articles 24 and 44 of the 1995 Constitution and section 3(1) of the Prevention and Prohibition of Torture Act 2021,” the court documents say.

He also wants court to declare that his detention for 19 days and in an ungazetted detention centre was unlawful and illegal and consequently wants court to order for special damages and  general damages.