DOC/OS(XXXIII)/324c/II
received no compensation; they were also considered as criminals by their
communities when released. A prisoner in Mbale said he had been arrested
after reporting embezzlement by government officials to the police. He said he
was depressed and was crying during the visit. Some prisoners complained that
they were re-arrested the very day of their release, under the same charge,
same case.
People are usually unable to afford pecuniary sentences (fines) and go to
prison instead. It also happens that people stay in prison after their term is
served as they are unable to pay the related fine.
According to the Constitution (art. 23 (8)), the remand period should be taken into account in
the sentence, but it seems that this is not always the case.
The authorities are very conscious of this situation, and various initiatives have been taken to
address it, such as the Chain Linked Project or the Backlog Project. According to the
authorities, the remand period has been reduced from 5 to 2.5 years within two years.
Areas of concern
The findings described above raise concern on a number of issues. The Special Rapporteur
would like to highlight some points which, according to her, deserve particular and urgent
attention. Further details about each of these topics can be found under the Findings section.
Torture and ill treatment
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While it can not be stated that torture is widespread, it is not exceptional either. The Special
Rapporteur would like to strongly recall that torture and cruel, inhumane or degrading
treatment is strictly prohibited, under all circumstances, by international instruments, and by
article 24 of the Constitution of the Republic of Uganda, which reads "no person shall be
subjected to any form of torture, cruel, inhumane or degrading treatment or punishment". It is
the responsibilities of the authorities to have this rule enforced and to ensure that officers
under their responsibility abide to it. This is also stated in the Constitution, article 20 (2):
The rights and freedoms of the individual and groups enshrined in this Chapter [4] shall be
respected upheld and promoted by all organs and agencies of Government and by all
persons."
This is reinforced in article 44:
Notwithstanding anything in this Constitution, there shall be no derogation from the
enjoyment of the following rights and freedoms—
(a)
Freedom from torture, cruel, inhuman or degrading treatment;
It should be made very clear to all officers that any act of torture or ill-treatment will be
severely punished, as State agents have an enhanced responsibility to show the example of
abiding to the law. Torture is inhumane and should not be tolerated.
Having "ward leaders" to enforce discipline within prisons results in numerous abuses. Rule
28-1 of UN the Standard Minimum Rules for the Treatment of Offenders reads "No prisoner
shall be employed in the service of the institution, in any disciplinary capacity". It clearly
prohibits conferring disciplinary powers on certain categories and classes of prisoners.
The situation of juveniles
According to law and the Constitution — as well as international instruments to which Uganda
is party — juveniles in conflict with the law deserve a specific treatment geared towards
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