Tuesday, March 31, 2009

NECESSITY AND IMPERATIVES OF A SPECIFIC LEGISLATION ON TORTURE KIVUMBI INSISTS DURING PRESS COFERENCE.



NECESSITY AND IMPERATIVES OF A SPECIFIC LEGISLATION ON TORTURE


The eradication of the practice of torture in the world was one of the major challenges taken by the United Nations only a few years after its establishment in order to ensure adequate protection for all persons against torture and other cruel, inhuman or degrading treatment or punishment, the United Nations has, over the year’s adopted universally applicable standards.

These standards were ultimately embodied in international declarations and conventions. The adaptation on 10 Dec 1984 by the U.N General Assembly of the Convention against Torture and other Cruel, inhuman or Degrading Treatment or Punishment (CAT) rounded off the codification process to combat the practice of torture.

Uganda is party to several international human rights instruments, all of which guarantee freedom from torture, including the U.N Convention against Torture which it ratified in 1986,in spite of the international obligations (and constitutional provisions under the 1995 Constitution), the culture of torture has continued in Uganda.

International and local reporting shows that the practice of torture remains a pertinent problem, especially as part of unlawful detentions.

The practice of torture remains the domain of agencies of state, intelligence organizations, army-although there have been incidences of commission of acts of torture on the part of private entities and individuals.

The complaints by individuals to the Human Rights Commission (as evidenced in its annual reports since 1998) indicate that torture remains a key rights problem.

The incidences of torture are closely linked with violations of personal liberty as the result of detentions incommunicado in safe houses and military detention facilities.

Torture can include actions that do not even require that the body of the victim be touched.

Long periods of interrogations while a suspect is not allowed to sit down; is deprived of sleep, food or water; playing load music and shinning bright lights while asleep-all these constitute torture, but do not comply with the elements of assault.

The intention of a torturer is to obtain information by inflicting pain or discomfort.

We can’t forget how the three Mengo Ministers-Medadi Lubega Segona, Charlce Peter Mayiga and Betty Nambooze were abducted and tortured by the Government Security organs

The Law should address penalties and sanctions that are relevant and commensurate to the severity of torture.

The Law also should specify that whoever is found guilty of torture is liable to conviction and imprisonment for a defined duration.

Finally the Law should embrace the fact that torture is an exceptionally grave crime, one that rightly deserving to be regarded with utter revulsion and severely punished.

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