Widow awarded sh60million by UHRC for 2004 UPDF murder of her husband

Soroti, Uganda | THE INDEPENDENT | The Human Rights Tribunal sitting in Soroti has awarded sh60 million to Phylis Chepkwemoi, a widow to Gilbert Cherotwo who was tortured to death by the Uganda People’s Defense Force- UPDF soldiers in 2004. Chepkwemoi, a resident of Kapsiywo Village, Chapkwasta Sub County in Bukwo district ran to the tribunal after the death of her husband who was beaten by 17 soldiers for two hours, for allegedly possessing an illegal firearm.

On a fateful day, the armed soldiers found Cherotwo working in his garden and reportedly ordered him to sit down before descending to him with big sticks while demanding the gun. After beating him, they took Cherotwo to Seredet detach and later to Bukwo Hospital where he succumbed to the injuries within hours.

The widow in her complaint lodged under No. SRT/229/2006 contended that her husband, with whom she has six children was unlawfully killed, something she noted amounted to the violation of his right to life. She also contended that during the material time, the soldiers were acting in the course of their employment as agents of the state, seeking compensation from the state.

Among the pieces of evidence that the tribunal based its decision on the matter was a letter dated January 20, 2006, by the Kapchorwa District Police Commander, addressed to the Regional head of the Uganda Human Rights Commission (UHRC) in Soroti, confirming the arrest and torture of Cherotwo. The DPC whose names were not captured in the affidavits noted that indeed, Cherotwo was arrested by UPDF soldiers and the Anti Stock Theft Unit of the Police on November 4, 2004, for allegedly having an illegal gun.

The letter noted that Cherotwo was tortured to death on the same day. The tribunal also noted there was an investigation into the murder which concluded with the arrest and prosecution of two soldiers in the 3rd Division Court Martial sitting in Mbale. The soldiers arrested were NO RA 137053 Pte. Emaru George and Pte. Alfred Asinge.

In their decision, the tribunal noted that Cherotwo died in agony having gone through physical and mental pain during the last unspeakable hours of his life. “He was viciously and brutally beaten by 17 UPDF soldiers. They were a lynch mob!” noted Crispin Kaheru, a commissioner at UHRC while reading the tribunal’s decision.

“The order for him to produce a gun he knew nothing about was horrifying and a nightmare to him. The soldiers ought to have listened to LC1 Chairman, Gilbert Chepnoyen, who told them that he was sure that Cherotwo had no gun in his possession. They instead chased the LC1 chairman away and acted on a false and malicious report given to them by Cherotwo’s angry creditor,” the ruling added.

The tribunal noted that the soldiers acted with utter disregard for human life, an act of impunity that must be condemned.

Cherotwo’s case is among the 18 matters that will be handled by the UHRC Tribunal in Soroti for the next four days. During the morning session, the tribunal awarded David Olobo of Kamuda in Soroti and Lawrence Ojur of Katakwi district ten and four million shillings each, respectively over torture by the UPDF and the Police.