Court Awards Torture Survivor Kakwenza UGX 50 Million

(KAMPALA) – Novelist Kakwenza Rukirabashaija has been awarded UGX 50 million by the Civil Division of the High Court after the court found that he had been subjected to torture while in custody. On April 13, 2020, Kakwenza was arrested by security agents and held incommunicado for seven days, only being brought to court on April 20, 2020. The charges against him were related to allegations of spreading an infectious disease, specifically COVID-19.

In a ruling issued on October 23, High Court Judge Boniface Wamala declared that Kakwenza’s detention without being promptly presented in court violated his constitutional right to personal liberty under Article 23(4) of Uganda’s Constitution. As a result, the court awarded him UGX 40 million in general damages and an additional UGX 10 million in exemplary damages.

Justice Wamala further noted that the manner in which Kakwenza was treated during his detention amounted to torture. He recounted how Kakwenza was beaten, kicked, blindfolded, and subjected to inhumane treatment while being held incommunicado. The court concluded that these actions breached Kakwenza’s right to human dignity, as well as his protection from torture and degrading treatment, under Articles 24 and 44(a) of the Constitution.

Additionally, the court ruled that the search of Kakwenza’s home, conducted without a warrant, violated his constitutional right to privacy and property. This finding was based on a previous Constitutional Court decision in the Behangana case, which emphasized the need for lawful searches in compliance with Article 27 of the Constitution.

However, Judge Wamala did not uphold Kakwenza’s claim that his arrest was directly linked to his novel The Greedy Barbarian, which he believed to be the reason for his persecution. The court found that there was insufficient evidence to support his assertion that his freedom of speech and expression as an author had been infringed upon.

Kakwenza’s lawyer, Eron Kiiza, represented him in the case, while the state attorney, Mugisha Twinomugisha, argued that the case should be dismissed. The Ministry of Defence had informed the Solicitor General that Kakwenza’s claims of torture were false, despite acknowledging his arrest by security agencies.

In his affidavit, Kakwenza recounted his harrowing experience, explaining how he was taken from his home in Iganga on April 13, 2020, by military personnel. He was blindfolded and taken to what he later learned was the Chieftaincy of Military Intelligence (CMI) headquarters. There, he was subjected to severe physical abuse, including being hit with gun butts and batons, which caused his ankles to swell. He was denied medical treatment, punched in the face, and flogged with sticks. Throughout his detention, Kakwenza was kept blindfolded except when he was in the toilet, which also doubled as his sleeping area.

He further described how he was forced to kneel on stones, with his arms and feet bound. On April 18, 2020, Kakwenza was transferred to the Special Investigations Unit in Kireka, where his ordeal continued until he was finally taken to Iganga Chief Magistrates Court on April 20, 2020. There, he was charged without a lawyer and subsequently remanded to Busesa Government Prisons.

Kakwenza also revealed that he was never informed of the reason for his arrest and was prevented from contacting his relatives or legal representatives. Even a military doctor who was supposed to examine him dismissed his complaints of pain and torture.