Human rights court awards widow sh60m over husband’s death

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The Uganda Human Rights Commission (UHRC) tribunal has awarded shillings 60 million to a woman whose husband was tortured to death by Uganda Peoples’ Defence Forces (UPDF) officers in Bukwo district.

The commission kicked off its tribunal hearing sessions on January 24, 2025, with a series of decisions in matters that had already been heard.

The sessions are being chaired by UHRC Chairperson Mariam Wangadya and three members of the commission: Crispin Kaheru, Steven Basaliza and Lamex Omara Apitta.

Among the decisions was that of Phylis Chepkwemoi, a 42-year-old widow and resident of Kapsiywo in Bukwo district who lodged a complaint on behalf of her six children against Anti-Stock Unit Police and Uganda Peoples’ Defence Forces (UPDF) officers attached to Seredet detach, for the murder of her husband Gilbert Cherotwo.

The commissioner learnt that on November 4, 2004, at about 2:30pm, 17 soldiers, armed with big sticks and guns, found Cherotwo working in a garden near his home and ordered him to sit down.

“They asked him for the gun and he denied possessing it. This prompted the security officers to beat him and later take him to the detach, where he was found dead,” Chepkwemoi told the commission.

Chepkwemoi said he found her husband’s body at Bukwo Hospital mortuary the next day.

“We are satisfied with the complainant’s evidence that UPDF soldiers of Seredet detach tortured and killed Cherotwo,” Kaheru ruled.  

George Chepnoyen testified that Cherotwo had defaulted on payment of a debt, prompting his creditor to report him to the army, claiming that he illegally possessed a gun hence the ordeal which took his life.

“We have no reason to doubt Chepkwemoi’s evidence; more so there was no other evidence to counter it - the respondent having failed to call any witnesses or file submissions in rebuttal thereof,” Kaheru who read the decision on behalf of the panel noted.

The commission described Cherotwo’s last hours on earth as “unspeakable”. They said the soldiers ought to have listened to Chepnoyen, the area LC1 chairperson who told them that he was sure Cherotwo had no gun in his possession.

According to the commission, they chased Cherotwo away and instead chose to act on a false and malicious report given to them by Cherotwo’s creditor, which is inexcusable.

Other victims awarded

The commission also awarded shillings 10 million in damages to 54-year-old David Olobo of Kamuda sub-county, Soroti district over violation of his freedom from torture, cruel, inhuman and degrading treatment.

The Commission heard that on April 19, 2013, two Police officers went to his home to arrest him around 5:00 am. He refused to submit to the arrest insisting that he could only submit in the presence of his area chairperson, resulting in his beating.

“The complainant in our view proved that two policemen of Kamuda Police post inflicted on him severe pain and suffering by hitting his left arm with a gun butt thereby causing him to suffer a simple fracture. Hitting his arm with a gun butt and breaking it was unjustified. Such acts of impunity cannot be tolerated,” the Tribunal ruled.

Also, shillings four million was awarded to Lawrence Ojur, then a 38-year-old peasant of Osongai in Katakwi district. He was beaten by a UPDF soldier identified as Opus who also stepped on his head, accusing him of defiling his niece, Agnes Auma.

Opus was joined in the beating by two Police constables from Apapai Police Post.

The Tribunal found that instead of lodging his complaint against Opus, Ojur lodged it against Uganda Police whose contribution to his torture was minimal.

About UHRC

The UHRC has a mandate under article 52 and 53 of the Constitution of the Republic of Uganda to receive complaints of human rights violation, investigate, determine them and award damages or offer other remedies where it is satisfied that a violation indeed occurred.