Accountability for Acts of Torture by Counter Terrorism Law Enforcement Officials in Uganda

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Date

2017

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Publisher

University of Botswana Law Journal

Abstract

The problem of torture has been a serious challenge within Uganda’s police force and has persisted over the years regardless of a number of measures against the practice.1 The practice of torture has permeated the entire police force but has been more pronounced in the fight against terrorism by the Counter Terrorism Police Unit and its affiliated security agencies.2 The threat of crime such as terrorism in Uganda has had a number of implications on the safety and security of the country. In response to these threats, the Ugandan government has implemented a number of counterterrorism measures including enacting the Anti-Terrorism Act, and revamping law enforcement agencies to improve their capacity to effectively respond to and neutralize threats of terrorism.3 While these measures are essential for the maintenance of safety and security, some of them have had the effect of unlawfully limiting and eroding certain rights and freedoms including the protection against torture, inhuman and degrading treatment.4 One of the main concerns is that counterterrorism legislation in itself tends to be generally permissive, granting law enforcement wide discretion within the course of their duties with minimal accountability measures.5 It is therefore essential for the state to strike a balance between safeguarding national security and protecting the right against torture, inhuman and degrading treatment. This article recommends a number of changes including improving internal and external accountability measures in order to ensure that law enforcement does not engage in torture, a practice which is clearly against both international and Ugandan law.

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Keywords

Accountability, counterterrorism, law enforcement, human rights, Uganda

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