The Ugandan Court of Appeal, has in a landmark ruling, ordered that suspects tortured should not be tried in court again.
In a unanimous decision of three justices of the court on Friday, the court said torturing suspects is a violation of their human rights.
The conduct and actions of respondent no.1 (Sgt Joshua Oumo) as an investigation officer of torturing a one Patrick Mugisha, alias Kantu Allan, A4 (accused 4) in criminal case no. 75 of 2019, by inserting sticks tied with rubber band between his fingers and coercing him to hand over his certificate of title and land in Busiro, Block 312 Plot 841.
“It was eventually sold to the applicant (lawyer Paul Wanyoto Mugoya), which violated and infringed upon the said Kantu’s non derogable rights and rights from torture, cruel, inhumane treatment guaranteed under article 24 and 44 of the Constitution,” Judge Fredrick Egonda-Ntende ruled.
“The trial of the appellant (lawyer Paul Wanyoto), and Patrick Mugisha in criminal case no 75 of 2019 is a nullity for the blatant violations and infringement of the accused person’s non derogable rights and freedoms from torture, cruel, inhumane and other human rights and freedoms guaranteed under article 23, 24, 42 and 44 (a) of the constitution,”
The other two justices who completed the trio were Muzamiru Kibedi and Christopher Gashirabake.
Torture is common in Uganda and has been called against by the people. The court ruling is seen as a major step in getting the country to halt the condemn able action.
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