Court again defers judgment in MP Zaake’s torture case

The High Court in Kampala has again adjourned the judgment in a case in which Mityana Municipality Member of Parliament, Francis Zaake sued senior security officers who tortured him during and after his arrest last year.

Zaake individually sued; Abel Kandiiho, the CMI chief, Elly Womanya, the then commandant, Police Investigations Division in Kireka, SSP Bob Kagarura, the former Wamala Regional Police Commander, SP Alex Mwiine, the former Mukono District Police Commander, Twesigye Hamdan, a police officer attached to SID in Kireka, Musa Walugembe, the officer in charge of SID, Kireka and one Detective Assistant Commissioner of Police, Isaac Oketcho for torturing him.

On Tuesday, when the case came up for judgment, Justice Esther Nambayo said it was not yet ready and that she would deliver it on notice.

Earlier last month, the court had set today, May 4, 2021 as the date for delivering the judgment.

Suit

In his suit, Zaake who was arrested on April 19, 2020 for allegedly violating Covid-19 guidelines by distributing relief food says a joint security detail of the police and the UPDF commanded by Mityana DPC Mwiine and Wamala Regional Police Commander,  Bob Kagarura jumped into his fence and brutally arrested him before ransacking his home and destroyed some property.

"The applicant (Zaake), was later held incommunicado, tortured, and detained without trial for 10 days at several places including Mityana Police Station, CMI headquarters in Mbuya, and SIU headquarters in Kireka, until April 29," court documents read.

He says he was physically and psychologically tortured as he endured pain.

In his suit, MP Zaake wants court to declare that the actions of the security officers were intentional and violated his right.

“The applicant wants a declaration that the intentional infliction of severe pain and suffering during his arrest and detention by the respondents or their subordinates or officers through actions or omissions including punching, kicking and pepper-spraying as well as tying and forcing him to assume a fixed and stressful body position while denying him access to medication threatened his life and constituted a threat to his protection of the right to life enshrined in article 20(2) and 22 of the 1995 constitution,” the court documents say.

Zaake also wants court to declare that the actions of the police officers and military of holding him incommunicado for 10 days in several places not authorised for detention by law and without allowing him access to medical treatment of his choice.

The Police commanders in their defence denied ever torturing Zaake.

https://nilepost.co.ug/2020/08/26/he-was-cut-by-handcuffs-police-commanders-defend-selves-on-torturing-mp-zaake/