UHRC (Uganda Human Rights Commission) Towards the Implementation of the Human Right to Adequate Food in Uganda, Kampala, UHRC, 2004.
In: UHRC, Towards the Implementation of the Right to Adequate Food in Uganda.
He asked the UHRC to verify whether his son's right to freedom from torture or other cruel, inhuman and degrading treatment or punishment protected under Article 24 of the Constitution was violated.
The UHRC found that all the evidence adduced by the complainant was not disputed by the respondent.
The UHRC ruling shows that the Uganda Peoples' Defence Forces soldiers, who, under the Constitution (61) and the Uganda Peoples' Defence Forces Act, (62) are supposed to be disciplined and foster harmony between the defense force and the civilians and also protect the sovereignty and integrity of Uganda, failed in their duties when they violated the complainant's right to freedom from torture.
One would have to be optimistic in the extreme to think that the UHRC decision will deter military officers from torturing children in the future.
The ruling also highlights one important issue: that the UHRC will not insist on medical evidence where there are credible witnesses in support of the complainant's allegations that he was tortured and also where there are scars on the victim's body to corroborate his torture allegations.
The UHRC awarded him 18 million Uganda shillings in both exemplary and general damages, in finding that the complainant's right to freedom from torture was violated, the UHRC relied on the Convention against Torture and the African Charter on Human and Peoples" Rights.
Article 52(1)(a) of the Constitution empowers the UHRC "to investigate, at its own initiative or on a complaint made by any person or group of persons against the violation of any human right.