Protection from Torture, Cruel, Inhuman or Degrading Treatment or Punishment.

ABSTRACT

The study sought to assess protection from torture, cruel, inhuman or degrading treatment or punishment in terms of promotion and protection of Human Rights, in periocular achieving freedom from the act of to1iure cruel, inhuman or degrading treatment or punishment. To that end, the study focused on establishing factors responsible for the occurrence and persistence of torture in decentralized administration. It examined the legal framework in place to address the crime of torture, and assessed the strength and weaknesses of Local Administration, Law enforcement institutions vis the criminal justice system available to victims of torture. The study was carried out in Bukedea District.. Over 90% of the cases repo1ted on torture to Uganda Human Rights Commission in eastern Uganda came from Bukedea District. Interviews were conducted with individual members of the Local Administration Police and Prisons, Local leaders and torture victims and documents relevant to this research were consulted. The research found that law prohibiting torture was not in place, although the constitution of Uganda (1995), Articles 24, 44 addressed the issue of torture but there was no description / definition of tmture in Ugandan law, thus no explicit penalty for the offence was prescribed by the law. The majority of people were ignorant of their rights and especially the rights to freedom from to1ture, cruel inhuman or degrading treatment or punishment. Law enforcement institutions were ill-equipped to address the escalation of the act of torture. The study revealed that the rights to freedom form torture, inhuman or degrading treatment or punishment was massively violated by law enforcement institutions and to a lesser extend abused by private individuals. It was exposed that Uganda lack fully trained law enforcement personnel. The Local Administration Police (LAP) did not have the capacity to carry investigation and adduce evidence before arrests were carried out. The study revealed many suspects were detained for more than 48 hours thus breaching their rights to liberty (Article 23) of the constitution of Uganda (I 995). It was suggested that in order to protect the police and prisons against committing torture, inhuman or degrading treatment or punishment, torture should be defined in Ugandan Law. The constitutional provision against torture should be made operational by enacting enabling law that could punish the offence. More resources should be allocated at Law enforcement officers training, maintenance and supervision. The Uganda Human Rights Commission be fully supported or facilitated to carry mass sensitization of the people about their rights and duties to enable victims of violation of human rights report cases of violations and seek reparation.