22 lawyers, victims seek to defend current law on torture in Constitutional Court

Twenty-two people, who include lawyers, academics, politicians and torture victims have applied to the Constitutional Court, seeking to defend the current law on torture.

The law on torture is that once a suspect proves that he or she was tortured during arrest or detention by State security agencies, the court dismisses the original charges against the accused person, regardless of how strong the evidence is in the initial charges.

However, this position is currently being challenged before the Constitutional Court by three petitioners who are all lawyers by profession.

The petitioners - Faruku Mohamed, John Musinguzi and Ibrahim Bunyasin - argue that section 11(2) subsection (a), (b) and (c) of the Human Rights Enforcement Act, 2019, is unconstitutional.

They aver that proper recourse should be for the courts to first make a finding in regards to the offence of the violations of non-derogable rights of the accused and then proceed to determine the criminal matter in respect to the initial offences against the accused person.

But the 22 concerned individuals, in their application to the same Constitutional Court, seek to join and defend the current law on torture on account that they are aware that Attorney General Kiryowa Kiwanuka doesn’t have any interest in defending it since he has openly already showed his side of being against it.

The applicants include Ssekanjako Abubakar, Chemisto Shuaib Kubai Rayan, Phillip Karugaba, Eron Kiiza, Primah Kwagala, George Musisi, Geoffrey Turyamusiima, Kalali Steven, Odur Anthony, Patience Babiwemba, Lillian Drabo, Ivan Okuda, Arinaitwe Peter, Paul Wanyoto Mugoya, Muhindo Morgan and Patrick Mugisha.

Others are former Karamoja Affairs minister Mary Goretti Kitutu, Sarah Kihika Kasande, Susanne Sylvia Wakabala, Dr Busingye Kabumba, Paul Wasawa, and Michael Aboneka.

“The applicants are well versed with the provisions of the Human Rights (Enforcement) Act, have variously invoked its provisions in either legal proceedings or scholarly work and are dedicated to defending their constitutionality as the same provide strong deterrence against torture of accused persons as well as guaranteeing them a fair trial,” the concerned individuals state.

Adding: “The applicants are aware that the Attorney General has no interest in defending the constitutionality of the said Act of Parliament, especially Section 11, as he has spoken out against their validity and his officers have sought references to this court seeking to have this section nullified allegedly for offending the Constitution.

In his affidavit, Mr Ssekanjako avers that Mr Kiryowa, while appearing at a public function (CID headquarters in Kibuli) in September this year and in the presence of President Museveni, said its unfair for the courts of law to dismiss charges against an accused person who proves they were tortured without hearing out the initial charge, before promising that he would move the government to repeal the current law on torture.

Mr Ssekanjako further argues that the current law on torture is relevant in as far as it protects and enforces the non-derogable rights of accused persons in the determination of criminal charges against them and that it’s in the public interest that the current law is preserved as the law of the land.

The justices of the Constitutional Court are set to convene on Wednesday next week to determine whether or not to allow the 22 concerned applicants to join the current petition on torture, which is before the same court.

About applicants

The applicants include Ssekanjako Abubakar, Chemisto Shuaib Kubai Rayan, Phillip Karugaba, Eron Kiiza, Primah Kwagala, George Musisi, Geoffrey Turyamusiima, Kalali Steven, Odur Anthony, Patience Babiwemba, Lillian Drabo, Ivan Okuda, Arinaitwe Peter, Paul Wanyoto Mugoya, Muhindo Morgan and Patrick Mugisha. Others are former Karamoja Affairs minister Mary Goretti Kitutu, Sarah Kihika Kasande, Susanne Sylvia Wakabala, Dr Busingye Kabumba, Paul Wasawa, and Michael Aboneka. With the three petitioners Faruku Mohamed, John Musinguzi and Ibrahim Bunyasin, the individuals argue oppose the Attorney General Kiryowa Kiwanuka’s assertion that it is unfair for courts to dismiss charges against suspects who prove they were tortured