By KT Reporter
The Uganda Human Rights Commission (UHRC) tribunal in Lira has dismissed a case in which a resident of Apac district accused the then District Internal Security Officer (DISO) and Uganda People’s Defence Forces (UPDF) soldiers of torture.
The complaint was filed in March 2015 by Alfred Obura on behalf of his brother Tony Odongo, who at the time was incarcerated.
In the decision delivered on Thursday by Chairperson Mariam Wangadya, the tribunal concluded that Odongo’s mental health condition is so severe that it has “significantly reduced his memory, ability to understand the proceedings and to communicate his case.”
The decision was reached based on the testimony of Dr Patrick Otim Nape, who told the tribunal that Odongo went to see him not for treatment, but for medical evidence against the state. A medical examination report dated 22nd March 2017 indicated that Odongo was complaining of frequent headaches, hallucinations, and delusions.
Dr Nape concluded that Odongo had long-term memory loss as he would, at times, get confused and not pay attention and that at some point he was told to come with a relative who gave the doctor his history.
The chairperson then wondered whether or not what Odongo told the tribunal was the truth.
Section 117 of the Evidence Act, part six, states that all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
The view of the tribunal was then that “Odongo’s cognitive difficulties, as presented by Dr Nape, are impossible to ignore,” and that Odongo’s two witnesses, his wife, Adul Dolly, and his brother, Odongo Morris, cannot sustain this case.
Wagandya added, “In his 17th March 2010 statement, Odongo said he was born in 1986, yet he said he was 20 years old. If he were born in 1986, as he said, then he would be 24 years old and not 20 years, in 2010.
Again, during the hearing on 20th September 2016, Odongo Tonny said that he was 32 years old. If he was born in 1986, then he was 30 years old in 201,6, not 32, nor did he know the date of his alleged arrest
“In any case, the role of witnesses is to corroborate a case already presented by the litigant himself and not to create one where none exists. Thus, the complaint is dismissed.” She ruled.
In his complaint, Odongo had alleged that on 17th August, 2008, he was arrested by the DISO of Apac together with Uganda People’s Defence Forces (UPDF) soldiers on allegations of illegal possession of a firearm. Odongo claimed that upon his arrest, he was tied up with a bicycle lock and his eyes, chest and waist were beaten with sticks and gun buts.
The application dated 19th March 2015 further alleged that Odongo was detained for a period beyond 48 hours before he was produced in the court martial, convicted and sentenced to two years imprisonment.
It was contended that the above alleged actions of the DISO and UPDF soldiers amount to a violation of Odongo’s right to personal liberty, and right to torture, cruel, inhumane and degrading treatment.
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