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Court Orders Government to Compensate 75m to MP Zaake Over Torture

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Court Orders Government to Compensate 75m to MP Zaake Over Torture

The High Court in Kampala has ordered government to compensate Mityana Municipality Member of Parliament Francis Zaake with Shs75m in compensation for being tortured during arrest.

Zaake was brutalized by Uganda police when he was arrested by security forces at his home and detained in incommunicado for 10 days after he distributed food to his electorates against a presidential directive banning gatherings to minimize the spread of Covid-19 during the first lockdown in 2020.

According to Justice Esta Nambayo while ruling yesterday, medical reports showed that the legislator was tortured and needs to be compensated.

In this case, a report from the African Center for Treatment and Rehabilitation of Torture Victims has the doctor’s recommendation showing that the applicant is in a great need of regular medical and psychological interventions, like physiotherapy of his back and the lower limbs together with verbal individual supportive therapy with psychoeducation and regular reviews by ophthalmologist,” the judge ruled.

The judge also ruled that the infliction of pain and injury on Zaake during his detention by the Police infringed on his fundamental human rights to dignity and freedom from torture and cruel, inhuman or degrading treatment or punishment protected under articles 20, 24, 44 (a) of the 1995 constitution.

“A declaration is hereby issued that the period between the 19th/04/2020 and the 29th 805 /04/2020, 10 days, that the applicant was detained for more than 48hrs before he was arraigned in the Chief Magistrate’s Court at Mityana, constituted unlawful and illegal detention and was in violation of his personal liberty under Article 23(4) (b) of the Constitution of Uganda.’’ Said judge.

The judge consequently directed that government pays shs75 million to the legislator as compensation for the violation of his rights by police.

“It is hereby ordered that the first respondent (Attorney General) pays a sum of shs75 million to the applicant (Zaake) in compensation of violations of his rights and freedoms’’ said t judge Nambayo.

The legislators who was first detained at Mityana Police Station and later the Special Investigations Division in Kireka later sued the Attorney General on behalf of government and individual senior security officers including Abel Kandiiho, the CMI chief, Elly Womanya, the then commandant, Police Investigations Division in Kireka, SSP Bob Kagarura, the former Wamala Regional Police Commander, SP Alex Mwiine, the former Mukono District Police Commander, Twesigye Hamdan, a police officer attached to SID in Kireka, Musa Walugembe, the officer in charge of SID, Kireka and one Detective Assistant Commissioner of Police, Isaac Oketcho for torturing him.

In their defence, the security officers said Zaake had been cut by handcuffs.
The State Minister for Internal Affairs, Obiga Kania also told Parliament that the Mityana Municipality legislator was never tortured during his arrest.

“Hon Zaake held the metallic door of the cells and also placed one leg inside in between metal bars so that it is difficult for police to pull him out. FFU personnel pulled him out by force from the metallic bars,” Kania told Parliament last year.

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