The High Court in Kampala has dismissed a petition filed by Police Constable Dairus Atusasire, who sought to hold his seniors accountable for alleged torture.
Atusasire’s petition, naming Assistant Commissioner of Police William John Okalany and Detective Corporal Afros Mangeni, along with the Attorney General, was dismissed with costs by Civil Division High Court Judge Musa Ssekaana.
In 2021, Atusasire sought a declaration that actions by Uganda Police Force officers violated his right to freedom from torture under Article 24 of the Constitution.
He claimed he was beaten with a pistol, forced to sign a document, and subjected to violations of his right to personal liberty during detention.
Atusasire, a police officer, alleged mistreatment while in custody at Railways police station, sustaining injuries including a broken tooth.
ACP Okalany denied the allegations, asserting that Atusasire was reported for professional misconduct, leading to an investigation. The court heard that Atusasire withdrew a complaint against another individual after compensation.
Both the government and officers argued that Atusasire failed to prove the alleged torture, with inconclusive evidence. Justice Ssekaana concurred, highlighting inconsistencies in Atusasire’s testimony and questioning why he did not report the alleged torture to the police but went directly to court.
Ssekaana dismissed claims of a breach of Atusasire’s right to liberty, stating that suspects must assert their rights as outlined in the Constitution. The judge concluded that the police have no obligation to inform the suspect’s relatives, lawyers, or doctors without a clear request from the detainee.
“The applicant should not turn around to allege that his family members or lawyers or medical doctors were never informed of his detention at the police in the absence of any clear request or demand,” said Ssekaana.
Comments are closed.