The High Court in Kampala has ordered the government to pay shs12 million to a man arrested and tortured by the Special Operations Unit commanded by jailed Nixon Agasiirwe.
Senior Superintendent of Police Nixon Agasiirwe is currently on remand at Makindye barracks facing charges related to kidnapping three Rwandan refugees before the army court.
Evans Gabula Africa Ronald dragged government to court for being arrested in December 2014 from Lugogo where he had gone to buy gifts for the staff of a school; Musanya Secondary School in Kamuli where he was a headmaster.
Court records say plain-clothed security operatives sent by Nixon Agasiirwe bundled Gabula in a white salon car, covered his head, handcuffed him, and put him in a boot before driving him around the city for four hours before he was later taken to the Special Operations Unit headquarters at Clement Hill.
However, despite the accusations, the government didn’t file a defence in the matter.
On Thursday, Justice Patricia Wasswa Basaza ruled that it was illegal and unlawful for Gabula to be arrested, put in a car boot, slapped, and kicked among other forms of torture by security operatives.
“I find that the acts described by Gabula of inter alia, his violent arrest, carrying him in a car boot, beating him to unconsciousness, slapping, kicking, tying his hands and cutting and burning his mouth, are acts that are well within the definition of torture described above,” Justice Basaza ruled.
“I also find that Gabula’s evidence that he was detained in an unlawful place and the circumstances described amount to unlawful detention contrary to Article 23 (2), (4) & (5) of the Constitution.”
The judge said it was wrong for the plaintiff to be to Kireka to the Special Investigative Unit (SIU) and later handcuffed and taken to Mbuya barracks.
According to the judge, the acts above were done by a special unit of the police force, facts that were not denied by the Attorney General.
“His fundamental rights and freedoms to protection from deprivation of liberty and protection from torture and cruel, inhuman or degrading treatment or punishment, were infringed. The provisions of Articles 20, 23, 24, and 44 of the Constitution of Uganda were contravened. They were actions done during working hours, on consecutive days. Although done in an unauthorized place and an unlawful manner, the Police officers were acting in the course of their duty for which the Attorney General, representing the State, is vicariously liable.”
Award
The judge however directed that Gabula be compensated to a tune of shs 10 million for infringement of his fundamental rights and freedoms as well as shs2 million as exemplary damages.
The court explained that whereas it is true Gabula was arrested and detained unlawful, his testimony was inconsistent and unsupported in regards to the period he was in detention and hence getting a relatively smaller amount in compensation.
