Govt ordered to compensate exiled novelist Kakwenza with over Shs50m for tourture
Some of the torture marks on Kakwenza’s back. PHOTOS/ DAVID LUBOWA/COURTESY
What you need to know:
- Court documents detail that he was beaten with gun butts and denied medical attention. Kakwenza stated he was forced to kneel on stones with his arms tied, and that he was subjected to ongoing threats and physical violence during interrogations focused on his novel The Greedy Barbarian and his social media activity.
The High Court in Kampala has ordered the government to compensate novelist Kakwenza Rukirabashaija with over Shs50 million for torturing him and invading his privacy.
In a 24-page ruling delivered via email on October 23, Judge Boniface Wamala found that Mr Kakwenza had demonstrated he was illegally detained for over a week and subjected to torture by security operatives.
“The applicant (Kakwenza) provided evidence that the agents of the respondent (Attorney General) acted with high-handedness and without accountability. The evidence shows he was detained illegally for seven days, enduring torture and violations of his right to privacy,” Justice Wamala stated.
He added, “The conduct of the agents was unconstitutional, oppressive, and arbitrary, warranting an award of exemplary damages.”
Justice Wamala awarded Kakwenza Shs40 million in general damages and Shs10 million in exemplary damages, totaling Shs50 million, although he had initially sought Shs100 million. The court also granted him unspecified costs for successfully prosecuting the case.
Background of the case
The compensation stems from a lawsuit filed by Kakwenza, who claimed that on April 13, 2020, military personnel, some in uniform and others in civilian clothes with CMI identification, arrested him at his home in Iganga District. He was blindfolded and transported to an unknown location, later identified as Mbuya CMI headquarters.
Mr Kakwenza reported being held incommunicado and subjected to solitary confinement in a dark toilet until April 18, 2020, when he was transferred to the Special Investigations Division in Kireka, where he endured further illegal detention.
He alleged that on April 14, 2020, CMI operatives tortured him, including hanging him by his hand and leg cuffs from a staircase overnight and using brutal interrogation methods.
Court documents detail that he was beaten with gun butts and denied medical attention. Kakwenza stated he was forced to kneel on stones with his arms tied, and that he was subjected to ongoing threats and physical violence during interrogations focused on his novel The Greedy Barbarian and his social media activity.
Justice Wamala noted that while Kakwenza had been interrogated, there was insufficient evidence to prove that the treatment was due to his novel or social media posts. He ruled that Kakwenza's rights to personal liberty, freedom from torture, and privacy had been violated, but not his right to freedom of speech.
Kakwenza’s lawyer, Mr Eron Kiiza, welcomed the decision, urging the government to investigate and discipline those responsible for the torture.
In early 2022, Kakwenza fled to Germany, where he has since received recognition and awards for his writing, claiming his life was in danger due to the torture he endured.
At the time, he faced two charges under the Computer Misuse Act, which had led to the confiscation of his passport, but he managed to leave the country without it.
