(b)
Convention;
(c)
The lack of an absolute prohibition of torture in accordance with article 2 of the
The absence of universal jurisdiction for acts of torture in Ugandan law;
(d)
The lack of compliance with other articles in the Convention, including
articles 6 to 9.
93.
The Committee is further concerned about:
(a)
The length of pre-trial detention, including detention beyond 48 hours as
stipulated by article 23, clause 4, of the Constitution and the possibility of detaining treason and
terrorism suspects for 360 days without bail;
(b)
The reported limited accessibility and effectiveness of habeas corpus;
(c)
The continued allegations of widespread torture and ill-treatment by the State’s
security forces and agencies, together with the apparent impunity enjoyed by its perpetrators;
(d)
The wide array of security forces and agencies in Uganda with the power to
arrest, detain and investigate;
(e)
The disproportion between the high number of reports of torture and ill-treatment
and the very small number of convictions for such offences, as well as the unjustifiable delays in
the investigation of cases of torture, both of which contribute to the impunity prevailing in this
area;
(f)
The pervasive problem of sexual violence, including in places of detention and in
camps for internally displaced persons;
(g)
Alleged reprisals, intimidation and threats against persons reporting acts of torture
and ill-treatment;
(h)
The magnitude of the problem of abduction of children by the Lord’s Resistance
Army, in particular in northern Uganda;
(i)
Reports of customary torture in the area of Karamuja.
94.
The Committee takes note of the explanation provided by the delegation about the
outlawing of “ungazetted” or unauthorized places of detention or “safe houses” where persons
have been subjected to torture by military personnel. Nevertheless, it remains concerned about
the widespread practice of torture and ill-treatment of persons detained by the military as well
as by other law enforcement officials.
95.
While acknowledging the important role of the Uganda Human Rights Commission in
the promotion and protection of human rights in Uganda, the Committee is concerned about
the frequent lack of implementation by the State party of the Commission’s decisions
concerning both awards of compensation to victims of torture and the prosecution of human
rights offenders in the limited cases in which the Commission had recommended such
prosecution.
41
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