By KT Reporter
The Uganda Human Rights Commission tribunal sitting in Mbarara City has awarded 15 million shillings to a cattle keeper in Kiruhura district, as compensation for the torture by a prison warder.
The tribunal was chaired by the UHRC Chairperson Mariam Wagadya. Shifrah Lukwago, Jacklet Atuhaire Rwabukurukuru and Simeo Muwanga Nsubuga as Commissioners.
Emmanuel Nabimanya, a resident of Nswerekye Nyabushozi, dragged the Attorney General to the Human Rights Commission, accusing Lucas Wanyama, a Prison Warder with Uganda Prison Services in Kiruhura district, of beating him and causing bodily harm.
Nabimanya during the hearing told the commission that on 4th September in 2014 at around 8 am while him and other prisoners were in a ward, Wanyama ordered them to lineup in preparation to go and fetch water and when he tried to explain to him that he was on capital offence and that prisoners on such cases were excluded from going to the field, Wanyama hit him on the head with a stick causing a cut and instant bleeding.
Nabimanya also says that he was beaten and sustained wounds on the neck and shoulders.
Wangadya stated that the directorate of complaints, investigations and legal service contended that Wanyama’s actions amounted to a violation of the right to freedom from torture, cruel, inhuman, and degrading treatment or punishment for which she held him vicariously responsible.
However, Wanyama, through his counsel Ritah Kalembe, denied the complaint.
Wangadya, said the complaint was initially heard by a former commissioner sitting as a sole member, but the current commissioner and the tribunal took over the hearing of the matter after two witnesses had testified for the prosecution, noting that the decision was based on the record of proceedings of the former commissioner..
In the ruling, Wangadya reminded the Uganda Prison force of their duty to observe and respect human rights and freedoms in the performance of their functions under Article 221 of the constitution.
The tribunal ruled that the complainant be awarded 15 million shillings as adequate compensation for the violation of his right to protection from torture, cruel, inhuman, and degrading treatment or punishment.
The tribunal also ruled that the 15 million shillings will carry interest at 10% per annum from the date the ruling was passed until payment in full.
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