Africa-Press – Uganda. In a landmark ruling, the Court of Appeal has held that a criminal trial of an accused person who has been tortured in due course should be terminated.
In a unanimous decision of three justices last Friday, the court held that torturing a suspect leads to blatant violation of their fundamental human rights, hence the need to terminate their criminal proceedings.
“The conduct and actions of respondent no.1 (Sgt Joshua Oumo) as an investigation officer of torturing a one Patrick Mugisha, alias Kantu Allan, A4 (accused 4) in criminal case no. 75 of 2019, by inserting sticks tied with rubber band between his fingers and coercing him to hand over his certificate of title and land in Busiro, Block 312 Plot 841.
“It was eventually sold to the applicant (lawyer Paul Wanyoto Mugoya), which violated and infringed upon the said Kantu’s non derogable rights and rights from torture, cruel, inhumane treatment guaranteed under article 24 and 44 of the Constitution,” ruled lead judge Fredrick Egonda-Ntende.
“The trial of the appellant (lawyer Paul Wanyoto), and Patrick Mugisha in criminal case no 75 of 2019 is a nullity for the blatant violations and infringement of the accused person’s non derogable rights and freedoms from torture, cruel, inhumane and other human rights and freedoms guaranteed under article 23, 24, 42 and 44 (a) of the constitution,” further read the ruling. The other justices were Muzamiru Kibedi and Christopher Gashirabake.
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The facts leading to the ruling of the court as stated by Mr Mugisha in his affidavit are that he was a victim of human rights violations by Sgt Oumo and government at large.
He claimed they were accused persons with lawyer Wanyoto in a criminal case in 2019.
They were charged with offences under the Anti-money laundering Act 2013. Mr Mugisha added that he was arrested and detained at Central Police Station (CPS) in Kampala for a period of more than 30 days, which is more than the mandatory 48 hours.
He added that Sgt Oumo attached to the Flying Squad and also the investigating officer in the criminal case was the mastermind of his alleged torture.
“While in detention, at CPS Kampala, I was arraigned at Buganda Road Chief
Magistrates Court, charged with obtaining money by false pretense and subsequently granted bail. While in detention at CPS, I was tortured by Stg Oumo,” Mr Mugisha said.
When he finally got out on bail, he claims he was escorted to Mr Wanyoto’s office and he was forced to sell his land to him at Shs40m given the circumstances he was in and yet its market value was worth Shs120m.
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Court documents show that Mr Wanyoto was kind enough and returned Mr Mugisha’s land, which he later resold at Shs120m.
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