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cause serious physical or psychological suffering, but which humiliate or force the individual against his will or conscience." 35 125.The Complainants submit that the arbitrary detention of the Victim was characterized by gross and inhuman acts of cruelty and torture, including; the binding and stretching of his testicles, wherein the Victim's testicles were tied with plastic string and attached to a car and he was told to 'pull the car' with beatings administered if he refused; prolonged application of extreme heat, including the 'ironing' of his back, wherein ghee and a shirt was applied to the Victims' back and his back was 'ironed' causing extreme pain and internal bleeding; and prolonged hanging by his wrists from the ceiling of his cell, during which time beatings were administered. ·. 126.According to the Complainants, the Victim was further subjected to elech·ocution; dousing with free~ing water; repeated beatings with batons, electrical wires, wooden bars, sticks and military boots; squeezing of his eyes; starvation; the refusal of me~ical attention; death threats made while guns were shoved intohis mouth; guns fired while held next to his ears; confinement to a small room with the rotting cadavers of other tortured detainees, including one occasion. where he was forced to eat his food out of the mouth of a dead detainee, with threats of a similar fate if he did not cooperate; prolonged periods of isolation; sensory deprivation; and humiliation. 127. The Complainants further submit that the Victim was held incommunicado for over 23 months, during which period he was denied contact with a legal representative and with his family members. The incommunicado detention of the Victim was particularly acute given its prolonged duration. The Complainants state that the Commission has recognized that prolonged incommunicado detention in itself may give rise to a violation of Article 5 of the African Charter36 . 128. According to the Complainants, for nine (9) months of the Victim's detention, he was fed only three times a week; refused access to toilet and bathing faciHties and was often deprived of clothing other than shorts or underwear. Furthermore, the Complainants state that throughout the Victim's detention he did not know the reasons for, or the duration of his detention. This caused him severe psychological suffering, amounting to inhumane or degrading treatment. The Complainants argue that the

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Communication 376/09 – Acleo Kalinga (represented by Rhys Davies & Ben Keith International Human Rights Advisors) v. Uganda

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Detention Facilities/Conditions
Personal Liberty
Police Brutality and Offences
Right to Fair Trial
Torture and Ill Treatment

Case Head Notes: The Victim is a Rwandese citizen, who according to the Complainants, was arbitrarily detained and subjected to torture and other cruel, inhuman, and degrading treatment in Uganda between 2005 and 2007. In June 2005 the Victim stopped at a hotel in Uganda to eat lunch and, upon returning to his car, the Victim was forced into a car by individuals he belives to be members of the Ugandan Security Services. From June 2005 to May 2007, the Victim was never charged with any offence and was held incommunicado in various detention centres. During his detention the Victim was repeatedly interrogated about his reasons for travelling to Uganda, accused of being a member of the Rwanda Defence Forces involved in espionage, and of planning to shoot senior Ugandan officials. The Victim was subjected to various forms of ill-treatment including months of solitary confinement, prolonged application of extreme heat, electrocution, repeated beatings, starvation, denial of medical attention and being subjected to death threats while a gun was shoved in his mouth. The Complainants state that, because of the political pressure and the media publicity about the Victim's detention, the Victim was released in 2007. The Complainants state that, as a consequence of his detention, the Victim now suffers from serious and lifelong physical and psychological health problems. Consequently, the Victim is unable to gain employment and is unable to support himself or his children. Subsequent to the initial communication in 2009, the Commission also received additional information from the Complainants that, in June 2009, the Victim was transferred, without due process, by Rwandan Security Agents, from Rwanda to a secret detention facility in Uganda. The Complainants state that the Victim escaped the facility and fled to Tanzania where he contacted the UNHCR. In September 2010, Ugandan security operatives abducted the Victim in Tanzania and, allegedly, tortured him again. In July 2011 the Victim was forcibly removed from Nairobi, Kenya, to Uganda where he was again tortured. The Complainants also state that, in July 2011, the Victim was asked by officials of the Uganda Police Defence Forces to withdraw REDRESS's mandate to represent him before the Commission and was then released. The Commission found a violation of Article 5 noting that it is established caselaw that, during detention, beatings, solitary confinement, extremely poor quality food, shackling within a cell, and denial of access to medical care all amount to a violation of Article 5. The Commission also stated that based on the sworn testimony of the Victim and the medical report, which supported the Victim's testimony, the Commission affirmed that torture had occurred. Additionally, the Commission stated that the incommunicado detention of the Victim further violated Article 5. The Commission found a violation of Article 6 stating that arresting the Victim, without giving him any reasons for his arrest, and detaining him for a period of 23 months without charge, constituted arbitrary arrest and detention. The Commission found a violation of Article 7 because they stated that a 23 month detention, without charges being filed, and without being brought before a judicial authority, constituted an undue delay, and denied the Victim the opportunity to challenge his detention, and additionally because the Victim was denied access to a lawyer. The Commission found a violation of Article 1 noting that a violation of any provision of the Charter constitues a violation of Article 1. The Commission requested the Respondent State to conduct prompt, impartial investigations into the allegations and to prosecute and punish all perpetrators, to pay adequate compensation to the Victim in acordance with the domestic law of the Respondent State, including loss of earnings, medical expenses and suffering related to physical and psychological torture, to apologize to the Victim, to adopt and implement safeguards for the prevention of torture and other ill-treatment, to train security officers on adherence to custodial safeguards and prohibition of torture, and to report on the measures taken to implement the decision.

Country

Uganda

Outcome: Decided on Merits

Year Decided: Mar 8, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

May 20, 2009 ~ Mar 8, 2024

Country Geolocation

Latitude: 1.373333

Longitude: 32.290275

Country Geolocation (linked ACHPR Decision): Uganda

Primary Documents

Acleo Kalinga (represented by Rhys Davies & Ben Keith International Human Rights Advisors) v Uganda.pdf
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African Human Rights CLA 2.0

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Communication 376/09 – Acleo Kalinga (represented by Rhys Davies & Ben Keith International Human Rights Advisors) v. Uganda

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