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COMMITTEE AGAINST TORTURE HEARS RESPONSE OF UGANDA
12 May 2005
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Committee against Torture
AFTERNOON
12 May 2005
The Committee against Torture this afternoon heard the response of Uganda to questions raised by Committee Experts on the initial report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to a series of questions raised by Committee members on Wednesday, 11 May, the delegation said the Ugandan Human Rights Commission was created by a constitutional act, in accordance with the Paris Principles. It was an independent body with the competence to monitor the implementation of the provisions of international human rights treaties by the State, among other things.
On the steps taken to resolve the conflict in northern Uganda, the delegation said the Government had been seeking means to resolve the situation peacefully. Through the amnesty law, many persons from the ranks of the rebels had returned home, while others continued to fight. A peace mission had also been dispatched to the region but in vain.
Asked if acts of torture were allowed under certain circumstances, thorough superior orders for example, the delegation said that even though the Convention against Torture was not fully domesticated within the domestic order, no act of torture was permissible. According to the human rights pocket book distributed to law-enforcing personnel, it was clearly indicated that no person should be subjected to acts of torture or other cruel, inhuman or degrading treatment or punishment.
On the issue of mob justice, the delegation said this was a problem in Uganda, particularly in the northern part of the country, where the people themselves punished persons who committed criminal acts, such as thefts, the delegation said. However, the Government had made efforts to prosecute those who participated in mob justice. Police booths had started to appear in Ugandan squares to signal police in the event of a mob reaction against an offender.
On the abolishment of the death penalty, the delegation said this was a serious issue of discussion in Uganda. There were a number of organizations that argued that capital punishment was against the principles of the Constitution and they were challenging the decision to maintain it in legislation, even for grave crimes.
The Committee will release its conclusions and recommendations on the report of Uganda towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Uganda is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Friday, 13 May, it is scheduled to discuss its general guidelines regarding the form and content of initial reports to be submitted by States parties.
Response of Uganda
Responding to a series of questions raised by Committee Experts on Wednesday, 11 May, the delegation said that the Ugandan Human Rights Commission was created by a constitutional act and in accordance with the Paris Principles. It was an independent body with the competence to monitor the implementation of the provisions of international human rights treaties by the State. The Constitution mandated the Commission to monitor human rights violations in the country and to bring them to the attention of the competent authorities. It had also the power to investigate complaints brought to its attention or on its own initiatives. The Commission had the right to inspect prisons and other detention centres at any time. However, it should seek permission to visit military centres. The findings of the Commission were addressed to the Chief Political Commissar, to take measures.
With regards to the steps taken to resolve the conflict in northern Uganda, the delegation said the Government had been seeking means to resolve the situation peacefully. The conflict had cost the lives of many people since it started. Through the amnesty law, many persons from the ranks of the rebels had returned home, while others continued to fight. A peace mission had also been dispatched to the region but in vain.
Asked if acts of torture were allowed under certain circumstances, through superior orders for example, the delegation said that even though the Convention against Torture was not fully domesticated within domestic legislation, no act of torture was permissible. According to the human rights pocket book distributed to law-enforcing personnel, it was clearly indicated that no person should be subjected to acts of torture or other cruel, inhuman or degrading treatment or punishment. Superior orders, if they were to inflict torture on others, were not acceptable.
Concerning the effectiveness of administrative circulars and if they had legal value, the delegation said such circulars and related literature like the police human rights pocket book were intended to constantly remind the law-enforcing officers of their duties. They were additional measures with the intention not to create any lacunae while law-enforcing officers performed their duties. They were to supplement the formal training provided to the officers and the legal provisions already existing.
When a court of law or the Ugandan Human Rights Commission determined a case of torture involving a State agent, the Government was held accountable in the payment of compensation, the delegation said. However, the perpetrator was also held responsible to settle the compensation, in addition to the disciplinary measures that were imposed on him or her.
With regard to the presence of a magistrate or a high-ranking police officer during a confession, the delegation said that the investigating judge himself determined the validity of any confession. The judge could determine if the confession was obtained voluntarily or not before starting his judicial process.
Mob justice was a problem in Uganda, particularly in the northern part of the country, where the people themselves punished persons who committed crimes, such as thefts, the delegation said. However, the Government had made efforts to prosecute those who participated in mob justice. Police booths had started to appear in Ugandan squares to signal police in the event of a mob reaction against an offender.
On abolishing the death penalty, the delegation said this was a serious issue of discussion in Uganda. There were a number of organizations that argued that capital punishment was against the principles of the Constitution and they were challenging the decision to maintain it in legislation, even for grave crimes.
The death of a prisoner was investigated and the corpse was sent for a post-mortem examination to establish the reason of death, the delegation said.
Sexual violence in prisons was non-existent because of the separation of female and male prisoners, the delegation said. Homosexuality was illegal under the Ugandan law, and no incidents were reported within the male prison facilities. In addition, preventive measures had been taken against HIV/AIDS in the prison system.
Because of the backlog in court proceedings, remand prisoners had to stay for more than 360 days in prison, the delegation said. In order to reduce the backlog, the Government had implemented a project in which it had increased the number of judges. For that reason, the number of remand prisoners had decreased in recent years.
Non-governmental organizations were assisting the Government in its efforts to promote and protect human rights, the delegation said. A new programme was being elaborated to further strengthen cooperation between the Government and non-governmental organizations.
International treaties could only become part of domestic laws if they were accepted by parliament, the delegation said. Such treaties, including the Convention against Torture, could only be invoked before courts after they went through the rigorous legal procedures of domestication.
An Expert asked the delegation on the Government's relations with the Khartoum regime with regard to the conflict led by the so-called Lord's Resistance Army, which was using Sudanese territory as a base. What measures were being taken by the Government to resolve the problem?
Reacting, the delegation said that the Sudanese Government had allowed the Ugandan army to pursue the armed groups into its territories, which had helped to weaken the activities of the armed group. The international community should assist the Government of Uganda in creating schools for demobilized child soldiers who had been abducted by the rebel group.
Asked about the reported "alarming situation of acts of torture in prisons", the delegation said that the lack of training of prison guards was the main cause for the commission of such acts. The Ugandan Human Rights Commission was taking measures to improve the situation.
* *** *
This press release is not an official record and is provided for public information only.
AFTERNOON
12 May 2005
The Committee against Torture this afternoon heard the response of Uganda to questions raised by Committee Experts on the initial report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to a series of questions raised by Committee members on Wednesday, 11 May, the delegation said the Ugandan Human Rights Commission was created by a constitutional act, in accordance with the Paris Principles. It was an independent body with the competence to monitor the implementation of the provisions of international human rights treaties by the State, among other things.
On the steps taken to resolve the conflict in northern Uganda, the delegation said the Government had been seeking means to resolve the situation peacefully. Through the amnesty law, many persons from the ranks of the rebels had returned home, while others continued to fight. A peace mission had also been dispatched to the region but in vain.
Asked if acts of torture were allowed under certain circumstances, thorough superior orders for example, the delegation said that even though the Convention against Torture was not fully domesticated within the domestic order, no act of torture was permissible. According to the human rights pocket book distributed to law-enforcing personnel, it was clearly indicated that no person should be subjected to acts of torture or other cruel, inhuman or degrading treatment or punishment.
On the issue of mob justice, the delegation said this was a problem in Uganda, particularly in the northern part of the country, where the people themselves punished persons who committed criminal acts, such as thefts, the delegation said. However, the Government had made efforts to prosecute those who participated in mob justice. Police booths had started to appear in Ugandan squares to signal police in the event of a mob reaction against an offender.
On the abolishment of the death penalty, the delegation said this was a serious issue of discussion in Uganda. There were a number of organizations that argued that capital punishment was against the principles of the Constitution and they were challenging the decision to maintain it in legislation, even for grave crimes.
The Committee will release its conclusions and recommendations on the report of Uganda towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Uganda is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Friday, 13 May, it is scheduled to discuss its general guidelines regarding the form and content of initial reports to be submitted by States parties.
Response of Uganda
Responding to a series of questions raised by Committee Experts on Wednesday, 11 May, the delegation said that the Ugandan Human Rights Commission was created by a constitutional act and in accordance with the Paris Principles. It was an independent body with the competence to monitor the implementation of the provisions of international human rights treaties by the State. The Constitution mandated the Commission to monitor human rights violations in the country and to bring them to the attention of the competent authorities. It had also the power to investigate complaints brought to its attention or on its own initiatives. The Commission had the right to inspect prisons and other detention centres at any time. However, it should seek permission to visit military centres. The findings of the Commission were addressed to the Chief Political Commissar, to take measures.
With regards to the steps taken to resolve the conflict in northern Uganda, the delegation said the Government had been seeking means to resolve the situation peacefully. The conflict had cost the lives of many people since it started. Through the amnesty law, many persons from the ranks of the rebels had returned home, while others continued to fight. A peace mission had also been dispatched to the region but in vain.
Asked if acts of torture were allowed under certain circumstances, through superior orders for example, the delegation said that even though the Convention against Torture was not fully domesticated within domestic legislation, no act of torture was permissible. According to the human rights pocket book distributed to law-enforcing personnel, it was clearly indicated that no person should be subjected to acts of torture or other cruel, inhuman or degrading treatment or punishment. Superior orders, if they were to inflict torture on others, were not acceptable.
Concerning the effectiveness of administrative circulars and if they had legal value, the delegation said such circulars and related literature like the police human rights pocket book were intended to constantly remind the law-enforcing officers of their duties. They were additional measures with the intention not to create any lacunae while law-enforcing officers performed their duties. They were to supplement the formal training provided to the officers and the legal provisions already existing.
When a court of law or the Ugandan Human Rights Commission determined a case of torture involving a State agent, the Government was held accountable in the payment of compensation, the delegation said. However, the perpetrator was also held responsible to settle the compensation, in addition to the disciplinary measures that were imposed on him or her.
With regard to the presence of a magistrate or a high-ranking police officer during a confession, the delegation said that the investigating judge himself determined the validity of any confession. The judge could determine if the confession was obtained voluntarily or not before starting his judicial process.
Mob justice was a problem in Uganda, particularly in the northern part of the country, where the people themselves punished persons who committed crimes, such as thefts, the delegation said. However, the Government had made efforts to prosecute those who participated in mob justice. Police booths had started to appear in Ugandan squares to signal police in the event of a mob reaction against an offender.
On abolishing the death penalty, the delegation said this was a serious issue of discussion in Uganda. There were a number of organizations that argued that capital punishment was against the principles of the Constitution and they were challenging the decision to maintain it in legislation, even for grave crimes.
The death of a prisoner was investigated and the corpse was sent for a post-mortem examination to establish the reason of death, the delegation said.
Sexual violence in prisons was non-existent because of the separation of female and male prisoners, the delegation said. Homosexuality was illegal under the Ugandan law, and no incidents were reported within the male prison facilities. In addition, preventive measures had been taken against HIV/AIDS in the prison system.
Because of the backlog in court proceedings, remand prisoners had to stay for more than 360 days in prison, the delegation said. In order to reduce the backlog, the Government had implemented a project in which it had increased the number of judges. For that reason, the number of remand prisoners had decreased in recent years.
Non-governmental organizations were assisting the Government in its efforts to promote and protect human rights, the delegation said. A new programme was being elaborated to further strengthen cooperation between the Government and non-governmental organizations.
International treaties could only become part of domestic laws if they were accepted by parliament, the delegation said. Such treaties, including the Convention against Torture, could only be invoked before courts after they went through the rigorous legal procedures of domestication.
An Expert asked the delegation on the Government's relations with the Khartoum regime with regard to the conflict led by the so-called Lord's Resistance Army, which was using Sudanese territory as a base. What measures were being taken by the Government to resolve the problem?
Reacting, the delegation said that the Sudanese Government had allowed the Ugandan army to pursue the armed groups into its territories, which had helped to weaken the activities of the armed group. The international community should assist the Government of Uganda in creating schools for demobilized child soldiers who had been abducted by the rebel group.
Asked about the reported "alarming situation of acts of torture in prisons", the delegation said that the lack of training of prison guards was the main cause for the commission of such acts. The Ugandan Human Rights Commission was taking measures to improve the situation.
* *** *
This press release is not an official record and is provided for public information only.
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