Africa-Press – Uganda. Court has ordered government to pay more than Shs400m to two Uganda Revenue Authority (URA) employees as compensation for torture.
Justice Lawrence Gidudu of the Anti-Corruption High Court yesterday ruled that Mr Robert Asiimwe Akanga and Mr Stevens Kalemba were subjected to acts of torture and that their non-derogable rights were threatened, infringed, and grossly violated.
The court ordered the government to pay Shs200 million as compensation for general damages and Shs50 million as payment for punitive damages to Mr Akanga, a customs officer at URA.
The court also ordered payment of Shs100m as general damages and Shs50m as punitive damages to Mr Kalemba, a driver.
The court order was issued against the Attorney General and the Uganda Revenue Authority (URA) for subjecting the two men to humiliation and embarrassment.
“The brutality meted out to the applicants call for adequate compensation for not just their pain and prolonged suffering but also the impact on their lives after. The public humiliation and embarrassment caused also calls for a higher value of compensation,” the judge observed.
Justice Gidudu also declared null and void the case and acquitted the duo, arguing that their rights and freedoms were infringed upon when they were mercilessly battered in the hands of the military that should have no role in purporting to investigate a criminal case of abuse of office and theft.
Court records show that in February 2021, the two were arrested on allegations of stealing $410,000 from GAK Express Company Limited, a charge they denied.
However, the duo, through their lawyers told the court that they were arrested and tortured by the Joint Anti-Terrorism Taskforce and the military.
“Torture was administered by beating, boxing, kicking using metals, wires, kicked in the ribs with combat boots, burning him with hot metals under his feet, chaining his hands and arms behind his back, dragging him on the floor while pulling the ropes tied in the neck and arms, hitting his toes, ankles, and elbows and suspending him in the air while tying his neck, legs and arms,” court records state.
Justice Gidudu questioned why the duo was arrested through trickery as if they were on the run.
He also held that the charges of abuse of office, theft, receiving stolen property and conspiracy to commit a felony do not fall under the East African Community Customs Management Act, 2004.
“Even if A1 (Akamba) and A2 (Kalemba) are employees of URA, did they steal from URA or indeed commit a crime under tax laws? What is the grievance of URA in this case? The long detention of over two weeks and the use of URA officials and soldiers as part of the investigation of non-tax offences is out of the ordinary,” said Justice Gidudu.
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