High Court Holds Col Kaka Bagyenda and 14 Security Operatives Liable for Illegal Detention and Torture
In a legal ruling, the High Court in Kampala has directed former Internal Security Organisation (ISO) Director, Col Kaka Bagyenda, and 14 security operatives to pay compensation amounting to Shs175 million to a businessman who was unlawfully detained and subjected to torture. The victim, Musa Nsereko, endured over a year of confinement without any formal charges on Lwamayuba island in Kalangala district. Justice Musa Ssekaana issued the order, highlighting the violations of Nsereko’s rights.
The court proceedings revealed that Musa Nsereko was arrested on May 27, 2018, by a combined force comprising the Internal Security Organisation and other militia groups while he was traveling from Kyengera to Nabbingo. The arrest was carried out by plain-clothed security operatives who subsequently held him in a safe house on Lwamayuba island. Shockingly, Nsereko was never provided with any explanation for his arrest.
During his unlawful detention, Nsereko was isolated on the island for a staggering 17 months. Throughout this period, he was denied access to his family, legal representation, and essential medical treatment for the injuries sustained during his arrest. Disturbingly, Nsereko endured torture, which included the breaking of his hand and forced labor, causing further physical and psychological harm.
Justice Ssekaana, in his ruling, emphasized the existence of a comprehensive legal framework aimed at preventing and prohibiting torture. However, he expressed deep concern over the persistent occurrence of violations against individuals’ rights to freedom and the prevalence of cruel, inhuman, and degrading treatment in Uganda. The judge held Col Bagyenda and the group of security operatives responsible for the torture inflicted upon Nsereko, although the government itself was not found liable in this case.
As part of the court’s decision, Musa Nsereko has been awarded compensation in the form of Shs175 million, along with interest at a rate of 15% from the date of the ruling until full payment is made.
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