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Uganda: Man Rots After Torture
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The Monitor (Kampala)
1 November 2007
Posted to the web 31 October 2007
Joseph Malinga
Mbale
HE cannot sit, except recline on his stomach.
His right hand is tightly gripped by handcuffs and pinned on to this bed in ward six and seven in Mbale Regional Referral Hospital.
The only joy that comes his way is when the pain from his nearly rotten buttocks subsides.
Mr Hassan Nkalubo, 33, a resident of Mafudu village in Bukonde Sub-county, Mbale District is in a critical condition after security operatives allegedly caned him.
He was accused of illegally possessing an Ak47 assualt rifle.
He claims he was arrested on Republic Street four months ago.
Mr Nkalubo, formerlly a soldier is now a boda boda rider.
"Two people roughed me up asking for a gun. I gave them the gun but they still took me to a safehouse from where they beat me and demanded for two more guns," said the frail Mr Nkalubo.
He identified the people who beat him only as Ali and Asuman.
Daily Monitor has learnt that the two men reportedly work with the VCCU now RRU.
After about a week in the safe house, Mr Nkalubo says he was transferred to police cells where he stayed without food until human rights activists in Mbale came to his rescue.
"I would have died if was not for human rights people," he says.
The coordinator Human Rights Activists, Mr Valentine Oleicho, told Daily Monitor that after receiving information about Mr Nkalubo's situation he contacted Uganda Human Rights commission in Soroti whom he said launched investigations into the matter.
The District Police command, Mr Abbey Kisubi, denied Mr Nkalubo was tortured.
He said Mr Nkalubo was part of a group suspected to have robbed an Indian businessman of Shs26 million in June.
"The group has been terrorising the public and Mr Nkalubo simply wants to divert government's attention from pursuing him," Mr Kisubi said.
Mr Nkalubo, however, says he bought the gun from Nakapiripirit district. "I bought the gun for security reasons at Shs250,000. I have not even used it anywhere," he says.
Asked whether he had any relevant document allowing him to own the gun, Mr Nkalubo said it only occurred to him that it was illegal to own a gun when he was arrested. "But all the same, I gave them the gun, so I don't see why they tortured me," he says.
"They should now forgive me."
Mr Kisubi, however, says Mr Nkalubo had ill motives when buying the gun.
"How come he is the only one who is security conscious? And in any case why did he deface the gun by muzzling it -so he could shoot without it making sound?" Mr Kisubi asks.
According to Mr Kisubi, Mr Nkalubo has on several occasions attempted to buy his way out of the hospital. "He has even attempted to bribe one of our officers guarding him at the hospital with Shs1 million," says Mr Kisubi.
After failing to bribe the officer, Mr Kisubi says, Mr Nkalubo paid Mr Kasim Mweru Shs150,000 to break the handcuffs. Police, however, arrested Mr Mweru before he could succeed.
UHRC Investigating officer Celestine Alou told the Daily Monitor that they were still investigating the matter but would take legal action against the attorney general.
"We are still gathering evidence and after we are done, we shall sue the government for violating Mr Nkalubo's rights that are provided for in Article 24 of the Constitution," Mr Aluo said.
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Article 24 of the Constitution of the Republic of Uganda states that, "No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment."
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