Ugandan Court’s Ruling Sets Precedent for Torture Reparations

Court Orders Compensation to Torture Victim: A Step Towards Justice

July 20, 2023 9:25AM EDT | Dispatches

In a significant ruling, Uganda’s High Court has ordered compensation to Musa Nsereko, a victim of torture and illegal detention, by former director of the Internal Security Organization (ISO), Frank “Kaka” Bagyenda, and 14 other ex-security personnel. The court has awarded Nsereko 175 million Ugandan shillings (about US$47,000) for his ordeal and an additional 100 million Ugandan shillings (about $27,256) for violations of his right not to be subjected to torture or cruel, inhuman, or degrading treatment. This ruling is a welcome step towards justice for victims of abuse and enforced disappearance in Uganda.

A Pattern of Abuse

According to Nsereko’s account, he was arrested by plainclothes security forces on May 18, 2021, in Kyengera, on the outskirts of Kampala, and was then detained at ISO “safehouses” before being taken to Lwamayuba Island, where he remained in custody for 17 months. During his detention, Nsereko endured daily beatings, resulting in a broken hand, and was forced to perform hard labor. He was denied access to medical treatment, which further deteriorated his health.

This case is not an isolated incident. Human Rights Watch, in a report published in March 2022, documented years of enforced disappearances, arbitrary arrests, detention, and torture by ISO operatives. The report revealed how Bagyenda played a key role in the unlawful detention of numerous individuals. In 2020, the Parliament’s human rights committee also found evidence of torture and abuse by the ISO in both unsanctioned and legal detention centers.

Accountability and Justice

In response to these allegations, President Yoweri Museveni pledged in June 2022 to hold perpetrators accountable and investigate Bagyenda’s role in abductions, illegal detentions, and torture. The recent court ruling signifies progress towards fulfilling that promise.

Justice Ssekaana, the High Court judge who delivered the verdict, pointed out that despite Uganda’s comprehensive legal framework forbidding torture and cruel, inhuman, or degrading treatment or punishment, such practices still persist. The court’s decision serves as a reminder that the government must take concrete steps to ensure the discipline or prosecution of those involved in abuses, and that all victims of torture, enforced disappearance, and other serious abuses have access to remedies and reparations, including compensation.

Unfinished Business

While this ruling is undoubtedly a step in the right direction, it is crucial not to overlook the fact that many victims of ISO abuses are still awaiting justice. Museveni’s government must accept responsibility for the actions of its security forces and work towards establishing a culture of respect for human rights and the rule of law. Holding perpetrators accountable is not only essential for individual victims but also for the overall functioning of a just and democratic society.

Moreover, this precedent-setting ruling should serve as a wakeup call for the international community. It highlights the urgent need for continued attention and support to address human rights violations and ensure accountability for those responsible.

Conclusion

The court’s decision to order compensation to Musa Nsereko is a positive development in the pursuit of justice for victims of abuse and enforced disappearance in Uganda. It sends a strong message that human rights violations will not go unpunished. However, there is still much work to be done. The Ugandan government must take further action to hold perpetrators accountable and ensure that all victims have access to effective remedies and reparations. The international community must also remain engaged and supportive in these efforts.

Ultimately, justice should be the cornerstone of any society. It is through upholding human rights, holding perpetrators accountable, and providing reparations to victims that societies can heal and move forward towards a more just and equitable future.

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