THEMATIC REPORT 2017
REDRESS AND REPARATIONS
to include a medical and psychological assessment of the harm suffered by
the victim.26 It guarantees the right of victims and their families to adequate
reparation, including compensation and rehabilitation and treatment and
counselling, and it mandates that rehabilitation expenses should be covered by
the Victim Protection Trust Fund.27 Under this new law those perpetrating torture
and ill-treatment will no longer be charged with crimes such as assault, but with
the more serious crime of torture or ill treatment that will attract a sentence
of not more than 25 years and 15 years respectively.28 There are also sentences
or fines for those convicted of aiding or abetting torture or knowingly using
information obtained through torture or ill-treatment.29
Uganda guarantees freedom from torture and other ill-treatment under the
1995 Constitution and the Prevention and Prohibition of Torture Act which was
enacted in 2012.30 Section 4 of the Act criminalises torture and anyone found
liable can be convicted to imprisonment for fifteen years or to a fine, or both.
Section 6 of the Act mandates the court the power to grant reparations to torture
victims, including compensation, rehabilitation or restitution. Compensation
can include the costs required for legal or expert assistance, medicines, medical
services, and psychological and social services. Rehabilitation awards cover
medical and psychological care, or legal and psycho-social services to the
victim in case of trauma. However, although Uganda enacted its anti-torture
legislation in 2012, implementing regulations were only passed in 2017.
Therefore, although the law has existed for some years it has not been used as
a means to access redress and reparations as it has not been fully implemented.
Although Uganda’s
anti-torture law has
existed for some
years it has not been
used as a means to
access redress and
reparations as it
has not been fully
implemented.
School children perform an African dance in Soroti,
Uganda while a military soldier walks by.
© Cedric Crucke / Shutterstock.com
page 29
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