Do felons deserve compensation?
Friday, 17th October, 2008
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By Chris Kiwawulo
SCORES of suspected criminals who are subjected to various forms of torture
during arrest and detention have petitioned the Uganda Human Rights Commission
and got paid. This is not unique to Uganda.
In Kenya, the Government is to pay millions of shillings to victims of the
Nyayo House torture chambers following a High Court ruling. The victims,
according to The Nation newspaper, were reportedly tortured by the Kanu regime
in the 1980s.
The US faces a series of huge compensation claims for alleged abuse by troops
in Iraq after agreeing a settlement of £2.8m over the death of a civilian in
custody, reported The Times newspaper.
Whereas some of the victims are innocent, others have been confirmed to be
convicted criminals. After they serve their prison sentences, they come out and
petition the Uganda Human Rights Commission over injuries they sustained during
arrest or detention. This has raised concern among some Ugandans, who think it
is unfair to give large sums of taxpayers’ money to criminals.
Wilber Muwonge, a Makerere University graduate, says whereas he does not
support torture of suspects, compensating convicts is a wastage of taxpayers’
money. “You can find that such a person murdered someone and they are likely to
do it again upon finishing their sentence. So, why waste taxpayers’ money?”
Robert Kateregga, a city businessman, argues that criminals who usually sustain
physical harm during arrest are hardcore and some are armed.
“In many cases, they are beaten by arresting officers while trying to resist
arrest or even to disarm them. If for instance someone is shot and loses his
leg as he tries to escape from lawful custody, why compensate such a person? I
see no reason why they should be compensated. That is a waste of our money,” he
asserts.
Kateregga says the business community suffers double jeopardy when robbers are
compensated. “We are the major targets of these thieves and at the same time
pay high taxes which are used to compensate them.”
However, Ahmed Ismail, a Peace and Human Rights Masters student at Makerere
University argues that when someone is arrested, it does not mean they have
committed a crime. Once there is reason to suspect someone, that person can be
arrested and set free later if there is no evidence. But even if the person is
proved guilty, they are not supposed to be tortured. “Every human being has a
right not to be tortured during arrest and detention irrespective of whether
they have committed a crime or not.”
Ismail adds that a criminal has the right to demand for compensation for any
unlawful pain inflicted on them during arrest or detention.
The Uganda Human Rights Commission argues that such compensation is provided
for by Ugandan laws. No matter what the crime is, a suspect must not be handled
in a manner that violates the law, which strictly prohibits torture of
suspects, the commission argues.
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