The Commission tribunal, chaired by Mariam Wangadya, kicked off its hearing sessions today with a series of judgements in matters that had already been heard.
The Commission awarded Shs60 million to Phylis Chepkwemoi, a 42-year-old widow, resident of Kapsiywo in Bukwo district who complained to the Commission on behalf of her six children against Anti-Stock Unit police and UPDF soldiers attached to Seredet detach, for the murder of her husband Gilbert Cherotwo.
The Commission heard that on November 4th, 2004, at around 2:30pm, 17 soldiers, armed with sticks and guns, found Cherotwo working in a garden near his home and ordered him to sit down.
"They asked him for the gun, and he denied possessing a gun. They started beating him while demanding that he produce the gun. They beat him up to 4:00pm, and they took him to the detach," Chepkwemoi told the Commission.
She said the next day, she found her husband's body at Bukwo Hospital mortuary.
"We are satisfied with the complainant's evidence that UPDF soldiers of Seredet detach tortured and killed Cherotwo. From the testimony of George Chepnoyen, Cherotwo had defaulted on payment of a debt," reads part of the judgment.
"His creditor maliciously and falsely reported him to the army that he illegally possessed a gun, hence the ordeal that took his life. We have no reason to doubt Chepkwemoi's evidence; more so there was no other evidence to counter it - the respondent having failed to call any witnesses or file submissions in rebuttal thereof."
The Commission described Cherotwo's last hours before his demise as "unspeakable" and that the 17 soldiers who tortured him were "basically a lunch mob."
"They order for him to produce a gun he knew absolutely nothing about was horrifying and a nightmare to him. The soldiers ought to have listened to Chepnoyen, the area LC1 Chairman who told them that he was sure Cherotwo had no gun in his possession. They chased him away and instead chose to act on a false and malicious report given to them by Cherotwo’s angry creditor. This is inexcusable,” the Commission ruled before awarding Shs60m as compensation for the violation of Cherotwo’s right to life.
The tribunal also delivered two other judgments, including Shs10m damages to 54-year-old David Olobo of Kamuda Sub-county, Soroti district over violation of his freedom from Torture, cruel, inhuman and degrading treatment or punishment.
The Commission heard that on April 19th, 2013, two police officers went to his home to arrest him around 5am.
However, he refused to submit to the arrest, insisting that he could only submit in the presence of his area Chairperson.
“The complainant in our view proved that two policemen of Kamuda Police Post inflicted on him severe pain and suffering by hitting his left arm with a gun butt thereby causing him to suffer a simple fracture Hitting his arm with a gun butt and breaking it was totally unjustified. Such acts of impunity can not be tolerated,” the Tribunal ruled.
In another case, Shs4m was awarded to Lawrence Ojur, then 38-year-old resident of Osongai in Katakwi district.
The tribunal heard that he was beaten by a UPDF soldier only identified as Opus, who also stepped on his head.
He was joined in the beating by two police constables from Apapai Police Post. Ojur was being accused of defiling Opus’ niece Auma Agnes.
The Tribunal, in its finding, said instead of lodging his complaint against Opus, Ojur lodged it against Uganda Police whose contribution to his torture was minimal.
The Tribunal is set to hear 18 complaints of human rights violations from February 24 to Thursday, February 27, 2025.