High Court judge Esta Nambayo has ruled that security agencies acted in violation of Human Rights when they inflicted pain on Mityana Municipality Legislator Hon Francis Zaake as he was arrested distributing food in his constituency contrary to presidential directives on prevention of Covid19 last year.
The judge noted that Hon Zaake suffered “inhumane and degrading” treatment during and after his arrest and subsequent detention for more than 48 hours before he was produced before Mityana Magistrates court.
” It is hereby ordered that the 1st Respondent pays a sum of UGX 75,000,000 to the Applicant in compensation of violations of his rights and freedoms,” she ruled.
The Judge ruled that basing on the evidence which was produced, it was established that Zaake had been tortured.
“In this case, a report from the African Center for Treatment and Rehabilitation of Torture Victims (annexure “A” to the Applicant’s affidavit in rejoinder), has the Doctor’s recommendation showing that the Applicant was in great need for medical and psychological interventions, like physiotherapy of his back and the lower limbs together with verbal individual supportive therapy with psycho education and regular reviews by ophthalmologist.”
However, the judge refused to order individual officers to compensate the MP on their own as stated in the new law because there was no direct evidence pinning them for torturing the legislator.
“It would appear from the finding of the report to the Rt. Hon. Speaker of Parliament (page 12 paragraph 6.2), that there was a CCTV footage of four vehicles showing transmission of the Applicant to Kampala. This footage was not presented to Court.”
” This created a gap in the evidence to establish the state in which the Applicant was when leaving Mityana Police where the 2nd Respondent was in charge”
Zaake’s lawyer Eron Kiiza welcomed the decision and expressed readiness to handle the next incase the Attorney General expresses interest to appeal.
“Although the culprits (individual officers) have not been ordered to pay from their pockets, they should learn to respect human rights because tomorrow, court may decide to rule otherwise.”
In this matter, Zaake informed court that on the 19th April, 2020 between 1700 and 1800 hours, he was arrested while at his home in Mityana by Kagarura Bob the RPC Wamala Region, Alex Mwiine the DPC Mityana District and Haruna Mulungi Nsamba for distributing food to the people without following the Ministry of Health Covid-19 Standard Operating Procedures and detained at Mityana Police Station.
He was thereafter transferred to the Police Special Investigation Directorate (SID) at Kireka.
During his arrest, he says, his house was searched without a warrant and that while in police custody, he was beaten, kicked, his eyes sprayed with pepper, detained in ungazetted facilities and insulted for belonging to his tribe and political party.
On the 27th April, 2020, the Chief Magistrates Court of Nakawa ordered for the unconditional release of the Applicant, but he was instead released on a Police bond on the 29th/4/2020, hence this application.
