By Anthony Wesaka, KAMPALA
Uganda
The Uganda High Court has ordered the government to compensate exiled novelist Kakwenza Rukirabashaija with over $13,666 (Shs50 million) for torturing him and invading his privacy.
In a 24-page ruling delivered via email on October 23,
Justice Boniface Wamala found that Mr Kakwenza had demonstrated he was
illegally detained for over a week and subjected to torture by security
operatives.
“The
applicant (Kakwenza) provided evidence that the agents of the respondent
(Attorney General) acted with high-handedness and without accountability. The
evidence shows he was detained illegally for seven days, enduring torture and
violations of his right to privacy,” Justice Wamala stated.
According to the judge, the conduct of the "agents was
unconstitutional, oppressive, and arbitrary, warranting an award of exemplary
damages.”
Justice
Wamala awarded Kakwenza $10,932 (Shs40 million) in general damages and $2,733 (Shs10
million) in exemplary damages, totaling to Shs50 million, although The
Savage Avenger author had sought Shs100 million.
The
court also granted him unspecified costs for successfully prosecuting the case.
The
compensation stems from a lawsuit filed by Mr Kakwenza, who told court
that on April 13, 2020, military personnel, some in uniform and others in
civilian clothes with CMI identification, arrested him at his home in Iganga
District in eastern Uganda. He was blindfolded and transported to an unknown
location, later identified as Mbuya CMI headquarters.
Mr Kakwenza reported being held incommunicado and subjected to
solitary confinement in a dark toilet until April 18, 2020, when he was
transferred to the Special Investigations Division in Kireka, where he endured
further illegal detention.
He
stated that on April 14, 2020, CMI operatives tortured him, including
hanging him by his hands and legs cuffed on a staircase overnight and
using brutal interrogation methods.
Court
documents detail that he was beaten with gun butts and denied medical
attention. Kakwenza stated he was forced to kneel on stones with his arms tied,
and that he was subjected to threats and physical violence during
interrogations focused on his novel The Greedy Barbarian and his
social media activities.
Justice
Wamala noted that while Kakwenza had been interrogated, there was insufficient
evidence to prove that the treatment was due to his novel or social media
posts. He ruled that Kakwenza's rights to personal liberty, freedom from
torture, and privacy had been violated, but not his right to freedom of speech.
Kakwenza’s lawyer, Mr Eron Kiiza, welcomed the decision, urging the
government to investigate and discipline those responsible for the torture.
In
early 2022, Kakwenza fled to Germany, where he has since received recognition
and awards for his writing.
Before
he fled Uganda, he faced two charges under the Computer Misuse Act, which had
led to the confiscation of his passport.
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