I am now pleased to report that on April 26th 2012 Parliament of Uganda passed the Prohibition and Prevention of
Torture Bill 2010. It was assented to by The President of the Republic of Uganda on 27th July and gazetted September
on 18th 2012 and is now the Prevention and Prohibition of Torture Act, 2012.
The new law defines and criminalizes torture, and provides for sanctions and compensation in case of the offence of
torture. It also makes the use of information obtained through torture inadmissible in courts.
It should be noted that although Articles 24 and 44 of the Constitution of the Republic of Uganda guarantee freedom
from torture, the existing laws did not make torture a criminal offence. The new law now makes it a duty for anyone to
report all cases and intentions of torture – acts or omissions by which severe pain or suffering whether physical or
mental is intentionally inflicted on a person. Some of the acts defined as torture include systematic beating, head
banging, punching, kicking, striking with truncheons, rifle butts, jumping on the stomach, food deprivation or forcible
feeding with spoiled food and electric shocks, etc
We can now confidently state that the Uganda has fully domesticated the United Nations Convention Against Torture
(CAT) which Uganda ratified in 1987. Measures taken to investigate allegation of Torture include the normal
investigative procedures as well as sensitization programmes for deterrence
Other measures:
However, and even prior to the passing of the Prevention and Prohibition torture bill, the Uganda Peoples Defense
Forces (UPDF) had already incorporated in its training manual the provisions prohibiting torture or any other acts that
may be described as cruel and inhuman.
The Uganda Police Force has also established a Professional Standards Unit and a Human Rights desk to handle
complaints by the general public regarding the conduct of members of the police force. Any member of the Public is
free to lodge a complaint with these offices. Provision has also been made to receive complains made by Tele-phone.
However this follows normal procedure of lodging a complaint.
The Uganda Prisons Service has designated an Assistant Commissioner specifically to handle human rights issues of
prisoners. In addition, the prisons Act section 71 and section 72 provide mechanisms of lodging complaints internally
against the service. Section 71 in particular grants prisoners the right to make complaints to the officer in charge of the
prison or an officer authorized to represent the him/her, the Inspector of Prisons, the Commissioner General, ‘the
judicial authority or other proper authorities through approved channels.’ Section 72 of the Prisons Act also allows
prisoners to initiate petitions to H.E. the President.
The Uganda Prisons Service has also set up human Rights Committees that undertake human rights education, peer
reviews and monitor compliance with human rights standards in Prisons.
ARTICLE 6: The Right to Liberty and Security of Persons
Legislative measures:
Article 23 of the Constitution of the Republic of Uganda provides for the protection of personal liberty except in certain
circumstances specified in the same Constitution.
The Constitution also re-affirms that the right to an order of habeas corpus shall be inviolable and shall not be
suspended.
Other measures:
17