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By Roselyn Segawa
TORTURE e is one of the most serious international crimes. The United Nations� Convention Against Torture and other cruel, inhuman degrading treatment or punishment (CAT), to which Uganda is a signatory, has defined it as: �� any act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person for such purposes as obtaining information or a confession...�
It is also defined as punishing a person for an act he or a third person has committed or is suspected of having committed. It is also perceived as intimidating or coercion for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in official capacity. It does not include pain or suffering arising only from, inherent
in or incidental to lawful sanctions.
Despite the fact that torture and other forms of ill-treatment are prohibited under various international human rights instruments, international humanitarian law and national laws, they are still widespread.
Persons deprived of their liberty are in a vulnerable position because they are cut off from the outside world and are solely dependent upon the authorities for their most basic needs and rights.
The fact that many governments continue to torture or tolerate the unlawful practice has made the UN adopt more concrete preventive measures.
On December 18, 2002, the UN General Assembly adopted the Optional Protocol to the UN Convention against Torture (OPCAT).
The aim of the OPCAT is to prevent torture and other forms of ill treatment by establishing a system of regular visits to places of detention carried out by independent
international and national bodies, which can make recommendations to bring about improvement of the conditions of the detainees.
There is also provision for a UN fund, which can be of help in implementing the recommendations made. Only states that have ratified or acceded to CAT like Uganda can ratify or accede to the OPCAT.
Upon ratifying or acceding to it, governments will be accepting unannounced visits to places of detention by these bodies. When the OPCAT comes into force, within one year of ratification or acceding to it, States Parties must have in place one or several national preventive mechanisms. They must ensure that these national bodies function without any interference from State authorities.
This is not a problem for Uganda, which already has various national preventive mechanisms like the Uganda Human Rights Commission (UHRC). In line with its mandate, the
UHRC since its establishment has been involved, among others, in handling complaints of torture, inspecting places of detention and making recommendations to parliament so that the conditions of the detainees can be improved.
Some Non-Governmental Organisations (NGOs) like African Centre for the Rehabilitation of Torture Victims and the Foundation for Human Rights Initiative also visit places of detention.
Many problems in prisons, police cells and other detention centres are a result of financial constraints and inadequate systems like overcrowding and overworking the inmates particularly in local administration prisons, lack of adequate clothing, beddings and other necessities. Some of the recommendations made by the UHRC regarding improvement have not been heeded because of the prevailing socio-economic situation.
However, if Uganda ratified the OPCAT, it would be possible
to use resources from the fund established under the OPCAT to implement the recommendations made by both the national and international visiting bodies.
If Uganda is committed to the prevention of torture in places of detention it should ratify the OPCAT and fulfil the obligations that come with it.
The writer is a lawyer working with UHRC
Published on: Wednesday, 24th November, 2004 |
