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various detention centres including a number of safe houses and secret prisons. 5. The Complainants allege that the Victim was denied access to his family, legal representation, medical treatment, consular assistance, and the possibility to challenge his detention by way of habeas corpus. 6. The Complainants state that during the period of his detention, the Victim was repeatedly interrogated about his reasons for travelling to Uganda, accused of being ·a member of the Rwanda Defence.Forces (RDF) involved in espionage and of planning to shoot senior ygandarn. officials. '' ~. 7. The Complainants aver that the Victim was subjected to V<'!,rious forms of ill-treatment and on a number of occasions he w~s held in . s,o'litary confinement for months; blindfolded and kept in small rooms; denied access to toilet and bathing facilities arid for nine months of his detention, he was only fed three times a we.ek. 8. The Complainants allege 'that the Victim was subjected to further forms of ill-treatment such as; binding and stretching of his testicles; prolonged application of extreme heat, incl,uding the 'ironing' of his back.; prolonged hanging by his wrist from the ceiling of hi~, ~ell; electrocution; dousing with freezing water; repeated beatings with batons, electrical wires, wooden bars; starvation and denial of medical attention. • 7 9. The Complainants further allege that various types of psychological torture were inflicted on the Victim such as: death threats made while guns were _shoved in his mouth; guns fired while held next to his ears; confinement in small rooms where there were rotten cadaver of the other tortured deJainees with threats that he would suffer the same fate if he did not co-operate; pr9longed periods of isolation, sensory deprivation and humiliation. 10. The Complainants state that due to political pressure by the Parliamentary Committee on Human Rights; the Parliamentary Committee on Regional Cooperation and the media publicity about the Victim's detention, he was released on 3 May 2007. The following day, members of the Ugandan Parliament along with several journalists, escorted the Victim to the Rwandese Embassy and was taken back to Rwanda. 11. The Complainants aver that as a result of his arbitrary detention, torture and other ill treatment, the Victim now suffers from serious a physical and psychological health problems such as the fol .. f 1\-..q

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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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