KAMPALA, Uganda | The High Court in Kampala has ordered the Chieftaincy of Military Intelligence to stop detaining suspects from its detention facilities, which contravenes Article 23(2) of the constitution.

Judge Richard Wejuli of the Criminal Division of the High Court ruled that detaining suspects at CMI detention facilities is illegal and not authorized by the law. This was contained in a ruling arising from an application filed by six suspects accused of offenses of terrorist financing and belonging to a terrorist organization.

Walusimbi Musa, Kyeyune Isma, Kabanda Musa, Mwebe Muhammad Ali, and Kabonge Umaru Ajobe allege that they were arrested and kept in illegal detention for more than the stipulated time under the law. that during their detention they were subjected to inhumane, cruel, degrading, and torturous treatment that caused them physical and mental pain, This cruel treatment they allege included not being informed of the reason for their arrest after being rounded up in a drone car and handcuffed from behind, being denied food, and being interrogated for several hours, among several other acts.

The Attorney General, the legal representative of the government in civil matters, denied the charges through an affidavit sworn in by Inspector of Police Odyek Benedict, the investigative officer, and the Attorney General encountered the suspects were never tortured.

The Attorney General also produced a medical report to show that they were both in a good physical and mental state. The Attorney General never disputed the fact that the suspects were detained at a lawful facility and produced in court within the stipulated 48 hours were abused.

” Whereas the affidavit in reply states that the applicants were detained at Kireka Police Detention Facility , it is not denied that the applicants were detained at the Chieftaincy of Military Intelligence detention facility in Mbuya, and neither does the affidavit in reply state that the applicants were only detained at the Kireka Police station detention facility. The applicants’ evidence that they were detained at the Chieftaincy of Military Intelligence detention facility in Mbuya stands uncontroverted. Premised on the foregoing, I find that the detention of the applicants at the Chieftaincy of Military Intelligence, a place not authorized by law for detention , contravened article 23(2) of the Constitution….” The court ruled.

The denial of these fundamental safeguards undermines the rule of law and the protections accorded to all persons under the constitution. It reflects a serious and unjustifiable disregard for due process and the dignity of the individual. Detaining a person without access to legal representation, family, or medical care not only exacerbates the trauma of arrest but also facilitates the risk of abuse, including torture and inhuman treatment. Such actions are reprehensible and must be unequivocally condemned. the judge held.

Court also awarded 10 million shillings to each of the six suspects and also half of the costs of the suit. However, the judge dismissed claims that the suspects had been tortured and that their right to a fair hearing had been violated. The respondents unrebutted evidence of medical reports attesting to the fact that the applicants were never tortured and were found to be in good mental and physical condition…was taken as fact in a strict sense. The judge ruled.