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Uganda

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. The 2012 Antitorture Act stipulates that any person convicted of an act of torture may be subject to 15 years’ imprisonment, a fine of 7.2 million shillings ($2,050), or both. The penalty for conviction of aggravated torture is life imprisonment. Nevertheless, there were credible reports security forces tortured and beat suspects.

From January to June, the African Center for Treatment and Rehabilitation of Torture Victims (ACTV) registered 856 allegations of torture by police, the Flying Squad (a UPF unit assigned to violent crimes), special investigations units of police, and the UPDF. The ACTV provided legal advice to 142 torture victims and initiated three public litigation cases of torture against the government.

The ACTV reported that Twaha Kasaija, whom marine police arrested for theft on March 23, was tortured to death at Walukuba Police Station. According to the ACTV, Kasaija’s injuries suggested he was punched, kicked, and beaten with batons, wire cable, and sticks. Kasaija’s brother, Abdul Rahman Muyima, and neighbor, Mohammed Kitakule, also were arrested and appeared to have been beaten with batons, wire cable, and sticks. Police arrested officers Patrick Katete and Charles Okure (the officer in charge) but later released Okure on bond; Katete remained in jail awaiting trial on murder charges at year’s end.

The UHRC reported it awarded 36.6 million shillings ($10,450) in compensation to victims of torture and other abuses from January through June.

PRISON AND DETENTION CENTER CONDITIONS

Prison conditions remained poor and, in some cases, life threatening. Serious problems included overcrowding, physical abuse of detainees by security staff and fellow inmates, inadequate food, and understaffing. Local human rights groups, including the ACTV, received reports of torture by security forces and prison personnel. Reports of forced labor continued. Most prisons did not have accommodations for persons with disabilities.

Physical Conditions: Gross overcrowding remained a problem. According to the Uganda Prisons Service (UPS), the prison system had a maximum inmate capacity of 22,000 but incarcerated 48,689. The Foundation for Human Rights Initiative (FHRI), which had visited 13 police stations and 13 prisons by August, reported that four of the five prisons in the north were particularly overcrowded. Gulu Prison, for example, held 1,400 inmates in a facility designed for 400. Prison authorities blamed the overcrowding on the criminal justice system’s inability to process cases in a timely manner.

As of August, 233 babies stayed in prison with their mothers. Some women’s prisons also had day-care facilities. Authorities in Kampala separated pretrial detainees from convicted prisoners, but prisons in other areas did not.

The UPS reported 67 inmate deaths between January and August. Causes of death included malaria, cardiac arrest, anemia, pneumonia, and tuberculosis. Media reported deaths also occurred as a result of suicide and police abuse.

In interviews with prisoners, FHRI received reports of prison staff and fellow inmates beating and abusing prisoners, although there were fewer such reports than in previous years. In Koboko Prison, for example, guards reportedly assigned certain inmates leadership positions and gave them sticks, which they often used to beat fellow prisoners.

The UHRC inspected 106 of the country’s 247 prisons and four military detention facilities during the year. It found that prisons in Koboko and Nebbi districts did not have health centers, requiring inmates to walk long distances, under guard, to access medical care. Outside Kampala, some prisons lacked sufficient food, water, medical care, means to transport inmates to court, bedding, infrastructure, and sanitation facilities.

Provision of food and medical services in jails also was inadequate. According to detainees and guards at the 13 police stations FHRI had visited by August, detainees received only one meal per day. According to the UHRC, which inspected 183 of 300 police stations during the year, some stations did not provide meals to suspects and most lacked the means to transport suspects to court.

Administration: Recordkeeping remained a problem. The UPS claimed it was unable to manage information because it lacked computers.

The UPS reported that its assistant commissioner in charge of human rights investigated and mediated complaints between management and prisoners. The UPS added that each prison had a human rights committee responsible for addressing complaints and relaying them to the assistant commissioner. Prison authorities acknowledged a backlog in the investigation of complaints.

Independent Monitoring: Authorities allowed FHRI and the ACTV to conduct prison visits with advance notification. The International Committee of the Red Cross declined to comment on whether it conducted prison visits during the year.

Improvements: During the year prison authorities hired 1,548 new staff–mainly wardens, cadet principal officers, and cadet assistant superintendents of prisons–increasing the total number of UPS staff to 7,448. The UPS acknowledged, however, that it still had a staff shortage of 5,000. The UPS also installed flush toilets in 47 of the 58 prisons, constructed four new prisons, and renovated two others. Unlike in the previous year, women had separate facilities in all prisons. The UPS had a budget to accommodate pregnant women and mothers with infants, and pregnant mothers received antenatal care services and special diets.

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit such practices, security forces often arbitrarily arrested and detained persons, including opposition leaders, politicians, activists, demonstrators, and journalists.

ROLE OF THE POLICE AND SECURITY APPARATUS

Under the Ministry of Internal Affairs, the UPF has primary responsibility for law enforcement. The UPDF, under the Ministry of Defense, is responsible for external security and may aid civil authorities when responding to riots or other disturbances of the peace. The Chieftaincy of Military Intelligence is legally under UPDF authority and may detain civilians suspected of rebel or terrorist activity. Other agencies with law enforcement powers include the Directorate of Counter Terrorism, Joint Intelligence Committee, and Special Forces Brigade, among others.

The UPF reported its ability to perform its law enforcement duties was constrained by limited resources, including low pay and lack of vehicles, equipment, and training. The UPF’s Professional Standards Unit investigated complaints of police abuse, including torture, assault, unlawful arrest and detention, death in custody, mismanagement of case documentation, and corrupt practices. Police continued to use excessive force, including torture, and impunity was a problem (see sections 1.a. and 1.c.).

Between January and August, police ignored the instruction of the director of public prosecution (DPP) to add Aaron Baguma, former commander of Kampala’s Central Police Station, to the list of suspected accomplices in the October 2015 killing of Donah Katusabe, a Kampala businessperson. On August 30, 12 days after the court issued an arrest warrant for Baguma, he turned himself in and was charged with murder, kidnapping with intent to murder, and robbery. The court, which remanded him to Kigo Prison, subsequently released him on bail. The case continued at year’s end.

Police and soldiers not only failed to prevent societal violence, they sometimes targeted opposition supporters. For example, on July 12 and 13, media broadcast videos of police, soldiers, and plainclothes officers using sticks to beat unarmed supporters of the main opposition leader, Kizza Besigye, as his car passed on a Kampala street; they also beat motorcycle taxi drivers who appeared uninvolved in Besigye’s procession. In one instance a police truck veered onto a sidewalk to hit from behind and knock over a man waving at Besigye’s passing vehicle. Police arrested Benon Matsiko, an officer, for allegedly driving the truck, noting he would face internal disciplinary measures; Matsiko denied he was the driver. Another man–who media members subsequently identified as Yusuf Lubowa, a member of a progovernment civilian group called Bodaboda 2010–then kicked the fallen man in the same knee struck by the vehicle. Although media reports showed that Lubowa had participated in multiple police operations against Besigye supporters, the UPF claimed it did not know him. Police initiated an internal disciplinary proceeding and charged five officers and four commanders with unlawful exercise of authority and discrediting the reputation of police. There was no known update on these cases by the end of the year.

Private lawyers separately filed a criminal case against Inspector General of Police (IGP) Kale Kayihura and seven senior commanders, accusing them of torture for their role in the July 12 and 13 beatings. On July 21, a magistrate’s court issued criminal summonses for IGP Kayihura and the seven senior police officers to appear on August 10 for arraignment on charges of torture. According to the private prosecution lawyers, the officers refused to receive the summonses, and none appeared in court. On August 26, Deputy Chief Justice Steven Kavuma halted the criminal case against Kayihura and the other officers, stating the case could not proceed until the court resolved NRM Youth League member Robert Rutaro’s petition that challenged the court’s authority to try the IGP as a private citizen for actions he took in his institutional role. By year’s end, the court had not resolved the petition.

The UHRC reported it provided human rights training to 232 security officials in police and district administrations of Fort Portal, Mbarara, and Arua districts.

The UPF reported that it opened an unspecified number of new community police stations to expand its community policing operations. In 2015 it authorized civilians to police their respective communities as “crime preventers.” Crime preventers, nominally under the authority of district police commanders, received one to two months of training and have arrest authority. While estimates of their number varied, the IGP claimed there were 11 million crime preventers nationwide, equating to approximately one-third of the country’s population. UPF officials stated they intended to place 30 crime preventers in each village in the country. Media and civil society reports accused crime preventers of human rights abuses. On April 18, for example, the chief administrative officer of Lira District said his office had received many reports of crime preventers involved in rape, arbitrary arrests, and torture.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires that judges or prosecutors issue a warrant before an arrest is made, unless the arrest is made during commission of a crime or while in pursuit of a perpetrator. Nevertheless, authorities often arrested suspects without warrants. The law requires authorities to charge suspects within 48 hours of arrest, but they frequently held suspects longer without charge. Authorities must try suspects arrested under the Antiterrorism Law within 120 days (360 days if charged with a capital offense) or release them on bail; if the case is presented to the court before the expiration of this period, there is no limit on further pretrial detention. While the law requires authorities to inform detainees immediately of the reasons for detention, at times they did not do so. The law provides for bail at the discretion of the judge, but many suspects were unaware of the law. Judges generally granted requests for bail. The law provides detainees the right to legal representation and access to a lawyer; but this right often was not respected. The law requires the government to provide an attorney for indigent defendants charged with capital offenses. Citizens detained without charge may file civil suit against the Attorney General’s Office for compensation for unlawful detention. Security forces held suspects, particularly opposition leaders, incommunicado and under house arrest.

Arbitrary Arrest: Arbitrary arrests, particularly of opposition leaders, remained a problem. Police often carried out “preventative arrests” for alleged treason and incitement of violence.

On February 24, the day of local government elections, police detained opposition candidate Besigye at his home, effectively denying him the right to vote. Following the February elections, police intermittently placed Besigye under 10-day house arrests. Police reportedly confined him to his home for the entire month of March, releasing him on April 1, the day the Supreme Court validated the president’s electoral victory. Despite widespread media and nongovernmental organization (NGO) reporting, the UPF repeatedly denied Besigye was under house arrest, and the IGP claimed police were merely “closely monitoring Besigye’s movements.” Media reported that on May 5, police resumed Besigye’s house arrest and confined Kampala’s opposition-affiliated mayor, Erias Lukwago, and opposition chief whip Ibrahim Ssemujju Nganda to their homes.

On May 11, Besigye eluded police surveillance at his home and drove to Kampala’s city center, where he was filmed taking a mock presidential oath of office in front of a crowd of protesters. Police arrested Besigye and flew him to the remote Karamoja Region in the northeast, where they detained him at the Moroto Police Station. Two days later, Besigye was charged with treason and remanded to Moroto Prison. On May 16, he was transferred to Luzira Prison in Kampala after defense lawyers and his family asked for a transfer. He remained in detention until July 12, when the court released him on bail. Besigye’s treason case continued at year’s end.

Pretrial Detention: Case backlogs due to an inefficient judiciary that lacked adequate funding and staff, the absence of plea bargaining prior to 2015, and insufficient use of bail contributed to pretrial detentions as long as seven years. The UPS reported 55 percent of inmates were pretrial detainees. The judiciary introduced a plea bargaining mechanism at High Court circuits across the country in 2015 after a successful pilot program in 2014.

FHRI reported police arrested Moses Tumusime in 2008 on murder charges. He last appeared in court in 2008 and remained in custody in Kitalya Prison. In November the officer in charge of the prison reported Tumusime was still held on remand and that his file was sent to the High Court in 2012.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested have the right to file a legal challenge against their detention and obtain prompt release and compensation if a judge determines the detention to have been unlawful. This mechanism was seldom employed and rarely successful.

Amnesty: Since 2000 the government has offered blanket unconditional amnesty for all crimes committed by individuals who engaged in war or armed rebellion against the government, barring grave breaches of the Geneva Convention, genocide, willful killings of innocent civilians, and other serious crimes perpetrated against civilians or communities without military necessity.

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