Torture Victim Awarded 172 Million Shillings in Damages

Torture Victim Awarded 172 Million Shillings in Damages

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The High Court has awarded 172 million Shillings in damages to one Ntege Leo after finding that he was tortured and subjected to multiple human rights violations by operatives of the Chieftaincy of Military Intelligence (CMI), now known as Defence Intelligence and Security.

In his ruling, Justice Isaac Bonny Teko said Ntege had proved that his constitutional rights were violated. The judge emphasised that detaining a suspect beyond 48 hours is unlawful and that torture is an absolute violation of human dignity.

He noted that when state agents subject civilians to abuse, illegal detention, and degrading treatment, courts must respond firmly to uphold the Constitution and prevent similar actions.

Court records show that Ntege was arrested on July 27, 2021, at his home in Mutundwe, Masanyalaze Zone, when armed soldiers identifying themselves as CMI operatives reportedly stormed his residence at around 3 a.m.

The group, allegedly led by Pastor Sadrack Kaganda, accused Ntege of illegally possessing a firearm. Although no gun was found during the search, they confiscated several personal items, including a digital video recorder, laptop, mobile phone, passports, bank cards, driving permit, memory card, and camera.

Ntege told the court that he was blindfolded and taken to a safe house, which he later identified as Mbuya military barracks. While in detention, he said he was beaten daily with wire canes, subjected to severe physical abuse, including having a heavy object tied to his genitals, and denied access to his diabetes medication.

He said this treatment worsened his health.After 25 days in illegal detention, he was transferred to the Police Special Investigations Unit in Kireka. He told the court that he later developed kidney damage and erectile dysfunction, and has since spent 22 million Shillings on medical treatment.

The Attorney General, representing the government, denied that Ntege had been held at Mbuya but confirmed that he had been arrested during a joint operation involving security agencies. The Attorney General also argued that Pastor Kaganda, being a civilian, could not command soldiers.

However, the court found the government’s denial insufficient because it was not backed by evidence. Justice Teko said Ntege’s account was detailed, consistent, and supported by medical and psychological reports, including findings from the African Centre for Treatment and Rehabilitation of Torture Victims, which linked his injuries to torture.

The judge concluded that the treatment described, including beatings, blindfolding, incommunicado detention, humiliation, threats, and denial of medical care, clearly violated constitutional protections against torture and degrading treatment.

The court also found Pastor Kaganda liable. Justice Teko noted that Kaganda did not respond to the allegations, leaving Ntege’s claims against him unchallenged. The judge ruled that the evidence linking Kaganda to the operation was credible and consistent.

The court awarded Ntege 22 million Shillings in special damages to cover medical expenses and 150 million Shillings in general damages for the violations he suffered. Both the government and Pastor Kaganda were ordered to jointly pay the compensation, as well as the costs of the case.

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