Rights Activists Call for the Law on Torture to Remain in Effect Amid Rising Cases in Uganda

Uganda’s legal framework for protecting human rights is facing a critical challenge as human rights activists, lawyers, and civil society organizations rally to preserve the country’s anti-torture law. This move comes in response to the Attorney General’s recent proposal to amend the law and allow trials to proceed, even when evidence of torture is present. The proposal has sparked widespread concern among human rights defenders who argue that such a move would not only undermine Uganda’s commitment to human rights but also give law enforcers more leeway to use torture in their investigations.

Torture remains a persistent issue in Uganda, especially in the context of law enforcement. Reports from human rights organizations and watchdog groups reveal a concerning rise in cases of torture and ill-treatment, particularly involving suspects in police custody. According to the 2023 Uganda Human Rights Commission (UHRC) annual report, there were over 2,123 reported cases of torture in the country, a 17% increase from the previous year. Many of these cases involve individuals suspected of political crimes or those perceived to be opponents of the government.

The African Centre for Treatment and Rehabilitation of Torture Victims (ACTV), a key organization in Uganda focused on torture rehabilitation, treated 1,322 victims of torture in 2023, compared to 1,148 cases in 2022. The ACTV’s report noted that many of the victims were subjected to physical abuse, electric shocks, beatings, and stress positions during interrogations by security agencies.

Despite these alarming statistics, only a handful of officers have been prosecuted under the country’s Prevention and Prohibition of Torture Act (PPTA) of 2012. This law, heralded as one of the strongest anti-torture frameworks in Africa, stipulates that courts cannot proceed with prosecution if it is proven that a suspect has been tortured. The law further mandates severe penalties, including life imprisonment, for perpetrators of torture.

Attorney General’s Proposed Amendments: A Step Backward?

In light of the increasing backlog of cases that have stalled due to the PPTA, the Attorney General has proposed an amendment allowing trials to proceed even if there is evidence that the accused was tortured. The Attorney General argues that this change would ensure that justice is not delayed for victims of crime and reduce impunity among criminals. However, rights activists counter that this amendment would effectively legalize torture, allowing law enforcers to extract confessions through violence without any significant consequences.

“We understand the need to expedite trials, but any amendment that dilutes protections against torture is a grave step backward for Uganda’s human rights record,” said Nicholas Opiyo, a prominent Ugandan human rights lawyer and activist. “Torture is not only illegal but also unethical and inhumane. Amending this law will send the message that Uganda condones such practices, and this is unacceptable.”

In response to the proposed amendment, human rights organizations are calling for more investment in training law enforcement officers about the dangers and illegality of torture. They argue that rather than bypassing the law, the government should focus on ensuring that law enforcers follow legal procedures and prioritize the use of evidence-based investigations.

A 2018 report by the United Nations Office of the High Commissioner for Human Rights (OHCHR) found that many law enforcement officers in Uganda lack sufficient training in conducting investigations without resorting to coercion. This has led to a culture of impunity, where officers believe that using torture is an effective way to secure confessions quickly.

“Torture is not a shortcut to justice; it is a grave violation of human rights,” said Maria Nassali, a leading human rights lawyer in Uganda. “Instead of weakening the law, the government should invest in capacity-building programs for police officers, prosecutors, and judges. Law enforcement needs to be trained on how to gather evidence without violating basic human rights.”

Legal and Constitutional Implications

Uganda’s Constitution explicitly prohibits torture under Article 24, which states, “No person shall be subjected to any form of torture, cruel, inhuman, or degrading treatment or punishment.” Additionally, Uganda is a signatory to the United Nations Convention Against Torture (UNCAT) and the African Charter on Human and Peoples’ Rights, both of which outlaw the use of torture under any circumstances.

By amending the PPTA, critics argue that Uganda risks violating its international human rights obligations. The Human Rights Watch (HRW), an international watchdog, has also raised concerns about the possible implications of the proposed amendment on Uganda’s standing in the global human rights community.

“If Uganda goes ahead with this amendment, it will violate not only its own constitution but also international treaties that it is a part of. Torture is universally condemned, and no legal framework should allow it to continue,” said Oryem Nyeko, a researcher for HRW.

The Psychological and Social Toll of Torture

Beyond the legal implications, the impact of torture on individuals and communities is severe. Many survivors of torture suffer long-term psychological effects, including post-traumatic stress disorder (PTSD), depression, and anxiety. The ACTV has documented how torture victims often face social stigma, struggle to reintegrate into society, and suffer from chronic physical injuries.

Furthermore, the use of torture by law enforcement undermines public trust in the criminal justice system. A 2021 survey by Afrobarometer found that 72% of Ugandans do not trust the police to act professionally during arrests and interrogations, citing corruption and brutality as major concerns.

“If the law is amended, the public’s confidence in law enforcement will continue to erode,” said Frank Mugisha, an LGBTQ+ rights activist who has long campaigned against police brutality. “People will feel even more vulnerable to abuse, especially marginalized groups such as the LGBTQ+ community, opposition politicians, and activists.”

As the debate over the anti-torture law continues, human rights activists and legal experts remain steadfast in their position that Uganda must not weaken its stance on torture. They argue that the government should focus on reforms that enhance the professionalism of law enforcement, rather than diluting protections for suspects and victims of torture.

The statistics paint a clear picture: torture remains a significant issue in Uganda, and any attempt to roll back protections for suspects risks worsening the situation. Rights groups are calling on the government and Attorney General to uphold the Prevention and Prohibition of Torture Act and invest in comprehensive training programs to eradicate the use of torture in investigations.

The stakes are high, and for activists, the preservation of Uganda’s human rights standards hangs in the balance. As the battle over the future of Uganda’s anti-torture law intensifies, one thing remains clear: the fight against torture is far from over.