Court awards former treason suspects Sh80m for unlawful arrest

Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has awarded ten million Shillings to each of the eight men who were arrested in 2011 on charges of treason, which were dropped eight years later.

The eight include Warrant Officer II Atunga Bantu,  Boniface Mumbere Kinyambila, Abel Kacwano Kazoora, Simon Matte Mwesigye, Esau Tugumisirize also known as Muhwezi, Augustine Okello, Malon Agotre and Arthur Kabaziguruka. They were arrested from various parts of the country and jointly charged before Buganda Road Magistrates Court for plotting to overthrow the government and concealment of treason.

However, the group sued the government for illegal arrest, detention, and torture. They said that they were illegally arrested and detained in ungazetted places where they were reportedly subjected to torture. Some say they were beaten and forced to sleep in the cold, as as a result came out with health complications like hearing impairments.

They further allege that even when they were granted bail, they were given stringent terms which required them to report every month to court yet they stay far away from Kampala and were drastically restrained by monthly travels. The DPP then later withdraw charges against them on February 19 2018.

Through their lawyers led by Ladislaus Rwakafuuzi, the eight men asked the court to declare that the Director of Public Prosecutions and the Attorney General had violated their rights and freedoms, as enshrined in the constitution. Rwakafuuzi noted that the DPP violated the applicants right to liberty and right to a fair hearing when he commenced and continued their prosecution.

According to Rwakafuuzi,  the DPP should not have sanctioned the charges having known that the process was initiated by the military which arrested, detained in ungazetted places and tortured the suspects. He added that the DPP had ample time to interrogate the evidence before committing them to trial, yet there was no evidence against them.

But State Attorney Imelda Adong argued that the  DPP was wrongly sued because he was acting well within his mandate. Adong also noted that there was no evidence of torture from the applicants in form of medical documents or pictures among others, asking the court to dismiss the case.

In his decision delivered via email on Friday,  the head of the Civil Division of the High Court Justice Musa Ssekaana ruled that there was not sufficient evidence to prove torture. However, the Judge says that the government did not challenge the issue of suspects asserting that they were civilians who were detained in military detention.

He added that the detention of the applicants in ungazetted places beyond the mandatory period of 48 hours amounted to a violation of their constitutional rights. He added that the state has a duty to ensure that by the time suspected criminals are arrested, there is enough evidence to ensure that they are presented before the courts on holding charges.

Ssekaana awarded all the applicants 10 million Shillings each as damages for the violation of their personal liberty as well as the costs of the suit.

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URN