DOC/OS(XXXIII)/324c/II
Torture and ill-treatment
Various structural factors in crease the risk of torture or ill-treatments. The "ward-leaders"
organisation contributes to numerous abuses. People who have not been trained to be
warders and who are prisoners themselves are given power over fellow prisoners. The very
low degree of awareness of the prison population as a whole, including ward leaders
aggravates the situation. The insufficient training of staff on Human Rights is also of concern.
The dual prison system hampers harmonised initiatives to prevent torture and ill-treatments
and leaves up-country and isolated local prisons without much control. Officers in Charge
usually agree that prisoners are not supposed to be tortured, but acknowledge that some
officers may do so. The Officer in charge at Kampala central police station said he tried very
much to resist such practices "but human beings are human beings".
Several prisoners complained of having been tortured by the police to extort false confession
(Kakiika prisoners reports concerned Mbarara police station; Masaka). Torture consisted in
beatings (Mbarara) or having to urinate on water connected to electric wires (Kampala
central police station). A prisoner who had escaped Mbale prison on 9 December 2001 was
allegedly shot after his arrest.
Corporal punishment is provided for in prison rules, with some restrictions (see enforcement
of prison rules section). Breaches of prison rules can result in being beaten with batons.
However, the practice often exceeds legal provisions: according to prisoners in Kakiika, one
of them who had been caught after an escape died at the hospital on 16 th October 2001.
Juveniles in Naggulu remand home are also punished with caning when they breach the
Centres' rules. Prisoners in Tororo prison farm, including women, also said beating occurred,
in particular when capital offenders were concerned. Caning is frequently meted by fellow
prisoners appointed as leaders, which also contradicts the rule. Women in Masaka and
Luzira women prison also reported beatings, intimidations and language abuses. Cases of
women being striped naked in Luzira Women Prison were reported by the victims to the
delegation (see also Women section).
Other types of degrading treatment also occur. For example, newcomers in Kampala central
police station are made to wash toilets with bare hands. Collective punishment such as was
meted on women in Masindi and which afflicted also the baby of a detained mother clearly
breach rules and standards and are unacceptable.
Overstaying on death row amounts to psychological torture, especially when prisoners are
submitted to overcrowding and poor conditions of detention. A detention of 23 years on death
row, as the Special Rapporteur witnessed in Luzira maximum security prison, clearly amount
to psychological torture and inhumane treatment.
Vulnerable groups
Death row prisoners
Death sentences can be meted by military courts or civil courts. There is no appeal for
military sentence. By law, legal representation is compulsory for capital and life offences
(Constitution art. 28 (2) (e)). The State hence must provide lawyer for the accused, which
can prove difficult in some remote areas and causes lots of delays.
Sentenced capital offenders from all over the country are transferred to Luzira maximum
security prison, in Kampala — However, 54 capital offenders had been transferred from Upper
prison to Luzira remand prison due to congestion and were kept in disciplinary cells. 281
prisoners were on death row in Luzira Upper, the longest time spent on death row was 23
years. One was arrested when 16 years old and had spent 10 years in prison. There are
amnesties periodically, but they do not apply to all categories (the last amnesty was in
October 2000 but applied — according to prisoners interviewed — only to treason cases
resulting in violence). Before the execution (hanging) is carried out, the Supreme court must
confirm the sentence, which aggravates overstaying.
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