Protection from Torture, Cruel, Inhuman or Degrading Treatment or Punishment.
Loading...
Date
2015-03
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University, bachelors degree of laws
Abstract
The study sought to assess protection from torture, cruel, inhuman or degrading treatment or
punishment in terms of promotion and protection of Human Rights, in particular achieving
freedom from the act of torture cruel, inhuman or degrading treatment or punishment. To that
end the study focused on establishing factors responsible for the occurrence and persistence of
torture in decentralized administration. It examined the legal framework in place to address
the crime of torture, assessed the strength and weakness of Local Administration, Law
enforcement institutions vis a vis the criminal justice system available to victims of torture.
The study was carried out in Bukedea District.. Over 90% of the cases reported on torture to
Uganda Human Rights Commission in eastern Uganda came from Bukedea District.
Interviews were conducted with individual members of the Local Administration Police and
Prisons, Local leaders and torture victims and documents relevant to this research were
consulted.
The research found that law prohibiting torture was not in place, although the constitution of
Uganda (1995), Articles 24, 44 addressed the issue of torture but there was no description /
definition of torture in Ugandan law, thus no explicit penalty for the offence was prescribed
by the law. The majority of people were ignorant of their rights and especially the rights to
freedom from torture, cruel inhuman or degrading treatment or punishment. Law enforcement
institutions were ill-equipped to address the escalation of the act of torture.
The study revealed that the rights to freedom form torture, inhuman or degrading treatment or
punishment was massively violated by law enforcement institutions and to a lesser extend
abused by private individuals. It was exposed that Uganda lack fully trained law enforcement
personnel. The Local Administration Police (LAP) did not have the capacity to carry
investigation and adduce evidence before arrests were carried out. The study revealed many
suspects were detained for more than 48 hours thus breaching their rights to liberty (Article
23) of the constitution of Uganda (I 995). It was suggested that in order to protect the police
and prisons against committing torture, inhuman or degrading treatment or punishment,
torture should be defined in Ugandan Law. The constitutional provision against torture should
be made operational by enacting enabling law that could punish the offence. More resources
should be allocated at Law enforcement officers training, maintenance and supervision.
The Uganda Human Rights Commission be fully supported or facilitated to carry mass
sensitization of the people about their rights and duties to enable victims of violation of
human rights report cases of violations and seek reparation.
Description
A Dissertation Submitted To The Faculty Of Law In Partial Fulfillment Of The Requirement For The Award Of A Bachelors Degree Of Laws Of The Kampala International University
Keywords
Torture, Degrading Treatment or Punishment