The Uganda People’s Defence Force (UPDF) has been ordered to compensate Sergeant Felix Byamugisha with Shs25 million for torture by the Uganda Human Rights Commission (UHRC).
In a first of it’s kind judgment, the UHRC chairperson, Mariam Wangadya, chairing the tribunal, ruled that Sgt. Byamugisha was brutally tortured in 2008 under the orders of Major Nelson Mugerwa, who directed five officers to beat him.
Click here to join our WhatsApp Group and Receive Daily News
The alleged torture left him with serious injuries following his illegal arrest after he failed to present a gate pass while returning from the market.
“Acts of impunity will not be tolerated. The right to freedom from torture, cruel, and degrading treatment is an absolute right under Article 44 of the Constitution and cannot be taken away under any circumstances. Considering all factors, we find Shs25 million to be adequate compensation for the complainant,” said UHRC commissioner Crispin Kugiza
He further ordered: “The respondent (UPDF) must pay the complainant Shs25 million as general damages for the violation of his rights. This amount will accrue interest at a rate of 10 percent per annum until fully paid.”
The commission reminded both parties that they have the right to appeal the decision in the High Court within 30 days.
UHRC also ruled that Major Mugerwa’s actions violated both the UPDF Code of Conduct and Article 221 of the Constitution, which mandates security forces to respect and uphold human rights while performing their duties.
“The UPDF and any other armed force established in Uganda must observe and respect human rights and freedoms,” the ruling emphasized.
Before delivering the ruling, UHRC noted that the Attorney General’s office cross-examined the complainant and witnesses but did not present a defense or file any rebuttal submissions.
This turn of events where soldiers are being prosecuted by civilian courts comes after the Supreme Court ruled against prosecuting civilians in military courts.
The Armed Forces is yet to comment about the development.
Also Read: Authorities Launch Investigations as Anthrax Kills Two in Kazo
