Court orders ex-ISO boss, operatives to pay torture victim Shs175m
Col Frank Kaka Bagyenda, former ISO Director. PHOTO | FILE
What you need to know:
- Col Bagyenda, Attorney General (AG) and 14 other ex-ISO operatives have been ordered to compensate the torture victim.
Court has ordered the former Internal Security Organisation (ISO) boss, Col Kaka Bagyenda, and others to pay more than Shs175 million as compensation to a man over unlawful detention.
Col Bagyenda, Attorney General (AG) and 14 other ex-ISO operatives have been ordered to compensate the torture victim.
Justice Musa Ssekaana of the High Court ordered the accused parties to pay Shs100m as compensation for violating the Constitutional rights, torture, cruel and inhuman, as well as degrading treatment of Mr Musa Nsereko at Lwamayuba Island in Kalangala District.
The court also awarded Mr Nsereko Shs60m for illegally detaining him for 17 months from May 2018 to September 2019.
According to court, Col Kaka should also pay Shs15m as punitive and exemplary damages and that all the money shall attract a 15 percent interest from the ruling date until payment in full.
“Whereas there is a comprehensive legal regime that prevents and prohibits torture, it’s evident that the violations of the right to freedom in the form of torture, cruel, inhuman and degrading treatment or punishment are still rampant in Uganda. The 15 respondents (Col Kaka and 14 others) are responsible for torture and there is no justification for vicarious liability on the part of the first respondent (AG),” the judge held.
The judge ruled that torture is never acceptable under any circumstances. That there is no justification for it whatsoever and it is strictly forbidden in any form as freedom from torture is a non derogable right under the Constitution.
The judge further explained that arrest is carried out where there is reasonable ground for suspicion of guilt and an arrest pending investigation is unconstitutional.
In his application, Mr Nsereko sought court’s declaration that the torture, brutality and violence unleashed onto him by the combined forces of ISO and other militia amounted to violation of his constitutional rights and freedom from torture, cruel, inhuman and degrading treatment under Article 24 and 44 of the Constitution of Uganda.
A declaration that his unlawful arrest and detention at Kyengera base 1 and 2 safe houses and later transfer to the island of Lwamayuba in Kalangala District for 18 months amounted to a violation of his constitutional right to liberty guaranteed under Article 23(2) of the Constitution of Uganda.
Mr Nsereko also sought an order for refund of Shs20m that he reportedly had at the time of his arrest, and the same was taken away from him and also pay compensatory and punitive damages.
