Using medical evidence: the experience of Uganda
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Using medical evidence:
the experience of Uganda
Medical evidence usually falls into the category of expert evidence and while it has been noted that it is not a requirement
that every allegation of assault or torture must be proved by
medical evidence, its importance is particularly vital in assessing the gravity of the resultant damage, injury or harm.
The Uganda Human Rights Commission (UHRC) has relied
heavily on medical evidence not so much to prove torture or
cruel, inhuman or degrading treatment or punishment as
such, but rather to help assess the gravity of the harm so that
compensation can be computed accordingly. In a number of
cases, the UHRC Tribunal has been faced with complaints of
torture, cruel, inhuman or degrading treatment or punishment, but with no medical evidence. The Commission has nevertheless gone ahead to award compensation in some of these
cases. Such compensation is mainly awarded where the physical evidence apparent on the victim or where witnesses as well
as other circumstantial evidence are sufficient to prove on a
balance of probabilities that the person was indeed tortured.
This was clearly illustrated in the cases of Twinomugisha Ronald-and-Attorney General and Okot Par-and-Attorney General.1
Where medical evidence has been relied upon, it has in
most cases been found to corroborate the direct evidence of the
victim or complainant. In most cases where torture is proved,
the medical evidence tends to corroborate the complainant’s
testimony regarding the location of the injury or damage, the
probable cause of the injury, as well as the short- and longterm effects of the torture or treatment suffered. Regarding the
effects of the torture, the medical expert evidence is particularly vital in cases of physiological effects of torture, as was
illustrated in the case of Iwolit Dismass-and-Attorney General,
in which the doctor’s evidence persuaded the tribunal that the
complainant was suffering from post-traumatic stress, which
was responsible for his impotence or sexual dysfunction.
By Caroline Nalule
Director of Complaints, Investigations and Legal Services, Uganda
Human Rights Commission
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