Prevention and Prohibition of Torture Act, 2012

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Act 3 of 2012
Version: 18 Sept 2012
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

This section provides definitions of terms used in the Act, including "commission", "Convention", "deadly weapon", "Minister", "offender", "public official", "spouse", "superior officer", and "victim". Defines 'torture' and what constitutes 'severe pain or suffering', lists examples and excludes pain incidental to lawful sanctions. Certain circumstances shall not be a defence to a charge of torture, and there shall be no derogation from the right to freedom from torture. Performing any act of torture (as defined in section 3) is an offence punishable on conviction by imprisonment for fifteen years or a fine of three hundred and sixty currency points or both; a person shall not be punished for disobeying an order to undertake actions amounting to torture, cruel or inhuman treatment. Lists circumstances that aggravate the offence of torture when proved at, immediately before, or immediately after the commission of torture.

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Provisions of Prevention and Prohibition of Torture Act, 2012

Showing 25 of 25

Part I

Preliminary

1
Preliminary - Interpretation
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This section provides definitions of terms used in the Act, including "commission", "Convention", "deadly weapon", "Minister", "offender", "public official", "spouse", "superior officer", and "victim".

Section Interpretation Section In this Act unless the context otherwise requires— “ commission ” means the Uganda Human Rights Commission established by article 51 of the Constitution; “ Convention ” means the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984 and ratified by the Republic of Uganda on 26th, June, 1987; “ currency point ” has the meaning assigned to it in the First Schedule; “ deadly weapon ” includes— (a) (i) an instrument made or adapted for shooting, stabbing or cutting, and any imitation of such an instrument; (ii) any substance, which when used for offensive purposes is capable of causing death or grievous harm or is capable of inducing fear in a person that it is likely to cause death or grievous bodily harm; and (b) any substance intended to render the victim of the offence unconscious.” “ Minister ” means the Minister responsible for justice; “ offender ”, means a person who performs an act of torture. “ public official ” means a person whether a public officer or not, employed by the government or local government or any Government agency or any other person paid out of public funds; “ spouse ” means a husband or wife by a lawful marriage; “ superior officer ” means a person in a higher position of authority than the officer alleged to have committed torture; “ victim ” means a person who suffers an act of torture.

Part II

Prohibition and criminalisation of torture

2
Prohibition and criminalisation of torture - Definition of torture
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Defines 'torture' and what constitutes 'severe pain or suffering', lists examples and excludes pain incidental to lawful sanctions.

Section Definition of torture Section In this Act, torture means any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official or private capacity for such purposes as— For purposes of this Act, “severe pain or suffering” means the prolonged harm caused by or resulting from— obtaining information or a confession from the person or any other person; punishing that person for an act he or she or any other person has committed, or is suspected of having committed or of planning to commit; or intimidating or coercing the person or any other person to do, or to refrain from doing, any act. the intentional infliction or threatened infliction of physical pain or suffering; the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality; the threat of imminent death; or the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality. Without limiting the effect of subsection (1), the acts constituting torture shall include the acts set out in the Second Schedule. The definition of torture set out in subsection (1) does not include pain or suffering arising from, inherent in or incidental to a lawful sanction.
3
Prohibition and criminalisation of torture - Prohibition of torture
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Certain circumstances shall not be a defence to a charge of torture, and there shall be no derogation from the right to freedom from torture.

Section Prohibition of torture Section The following shall not be a defence to a charge of torture— Notwithstanding anything in this Act, there shall, be no derogation from the enjoyment of the right to freedom from torture. a state of war or a threat of war; internal political instability; public emergency; or an order from a superior officer or a public authority.
4
Prohibition and criminalisation of torture - Criminalisation of torture
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Performing any act of torture (as defined in section 3) is an offence punishable on conviction by imprisonment for fifteen years or a fine of three hundred and sixty currency points or both; a person shall not be punished for disobeying an order to undertake actions amounting to torture, cruel or inhuman treatment.

Section Criminalisation of torture Section A person who performs any act of torture as defined in section 3 commits an offence and is liable on conviction to imprisonment for fifteen years or to a fine of three hundred and sixty currency points or both. A person shall not be punished for disobeying an order to undertke actions amounting to torture, cruel or inhuman treatment
5
Prohibition and criminalisation of torture - Circumstances aggravating torture
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Lists circumstances that aggravate the offence of torture when proved at, immediately before, or immediately after the commission of torture.

Section Circumstances aggravating torture Section Notwithstanding section 4 , where it is proved that at the time of, or immediately before, or immediately after the commission of torture the— offender uses or threatens to use or used a deadly weapon ; offender uses or used sex as a means of torture; victim was a person with a disability; victim was pregnant or becomes pregnant; offender causes death; the victim was subjected to medical experiments; victim acquires HIV/AIDS; victim was under the age of 18 years; the victim is incapacitated; the act of torture is recurring; offender commits any act which court considers aggravating;
6
Prohibition and criminalisation of torture - Compensation, rehabilitation or restitution to be made by court in certain cases
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The court may order reparations for victims of torture, including restitution, compensation and rehabilitation, and may allow these orders to be satisfied from the convicted person's property.

Section Compensation, rehabilitation or restitution to be made by court in certain cases Section The court may, in addition to any other penalty under this Act, order for reparations, which may include— restitution of the victim , his or her family or dependents to the greatest extent possible and such restitution may include— compensation for any economically assessable damage resulting from torture such as— rehabilitation including— the return of any property confiscated; payment for harm or loss suffered; payment for the provision of services and restoration of rights; or reimbursement of expenses incurred as a result of victimisation. physical or mental harm, including pain, suffering and emotional distress; lost opportunities, including employment, education and social benefits; material damage and loss of earnings, including loss of potential earnings; costs required for legal or expert assistance, medicines, medical services, and psychological and social services; and medical and psychological care; or legal and psycho-social services to the victim in case of trauma. Restitution, compensation, rehabilitation or any payment ordered by the court under subsection (1) may be satisfied by the property of the person convicted of torture.
7
Prohibition and criminalisation of torture - Cruel, inhuman or degrading treatment or punishment
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Cruel, inhuman or degrading treatment or punishment (not amounting to torture) committed by or with the consent, acquiescence or instigation of a public official or other person acting in an official or private capacity is a criminal offence punishable by up to seven years imprisonment or a fine not exceeding 168 currency points or both.

Section Cruel, inhuman or degrading treatment or punishment Section Cruel, inhuman or degrading treatment or punishment committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official or private capacity, which does not amount to torture as defined in section 2 , is a criminal offence and shall be liable on conviction to imprisonment not exceeding seven years or a fine not exceeding one hundred and sixty eight currency points or both. For the purposes of determining what amounts to cruel, inhuman or degrading treatment or punishment, the court or any other body considering the matter shall have regard to the definition of torture as set out in section 2 and the circumstances of the case. In a trial of a person for the offence of torture the court may, in its discretion, convict the person for cruel, inhuman or degrading treatment or punishment, where the court is of the opinion that the act complained of does not amount to torture.

Part III

Other parties to the offence of torture

10
Other parties to the offence of torture - Responsibility of a superior over actions of a subordinate
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A superior officer can be held liable for torture committed by a subordinate if the superior knew or consciously disregarded clear indications, the acts were within the superior's responsibility and control, and the superior failed to promptly investigate, pursue disciplinary measures and cooperate with judicial authorities.

Section Responsibility of a superior over actions of a subordinate Section A superior officer is liable for any act of torture committed by a subordinate under his or her authority and control where— the superior knew, or consciously disregarded information which clearly indicated, that the subordinate was committing or about to commit an act of torture; the acts committed by the surbodinate concerned activities that were within the responsibility and control of the superior; and the superior failed to promptly investigate, diligently pursue administrative and disciplinary measures to prevent re-occurrence, and cooperate with judicial authorities to prosecute the offence.
11
Other parties to the offence of torture - Right to complain
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Anyone alleging an offence may complain to the Police, Commission or other relevant body; where a complaint is supported by substantial grounds the police must arrest, detain and charge the alleged person, and a prompt investigation must be conducted.

Section Right to complain Section A person alleging that an offence under this Act has been committed, whether the person is the victim of the offence or not, has a right to complain to the Police, Commission or any other relevant institution or body having jurisdiction over the offence. Where a complaint is made, a prompt investigation into the complaint shall be conducted, and where there are substantial grounds to support the complaint, the police shall arrest and detain the person and accordingly charge the person with the offence he or she is alleged to have committed. Any person arrested and detained under subsection (2), shall be assisted in communicating as soon as legally possible with the nearest appropriate representative of the state of which he or she is a national or if the person is a stateless person, with the representative of the state where the person ordinarily resides.
12
Other parties to the offence of torture - Institution of criminal proceedings
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Sets how criminal proceedings under the Act may be started (by police, prosecutor, or any person with reasonable cause), requires magistrates to consult local authorities and to draw up and sign formal charges, permits complaints to be oral or written, allows magistrates to direct police investigations, and requires evidence on oath before issuing a warrant in the first instance.

Section Institution of criminal proceedings Section Criminal proceedings under this Act, may be instituted in one of the following ways— Where a charge has been— by a police officer bringing a person arrested with or without a warrant before a magistrate upon a charge; by a public prosecutor or a police officer laying a charge against a person before a magistrate and requesting the issue of a warrant or a summons; or by any person, other than a public prosecutor or a police officer, making a complaint. The validity of any proceedings instituted or purported to be instituted under subsection (1) shall not be affected by any defect in the charge or complaint or by the fact that a summons or warrant was issued without any complaint or charge or, in the case of a warrant, without a complaint on oath. Any person, other than a public prosecutor or a police officer, who has reasonable and probable cause to believe that an offence has been committed by any person under this Act, may make a complaint of the alleged offence to a magistrate who has jurisdiction to try or inquire into the alleged offence, or within the local limits of whose jurisdiction the accused person is alleged to reside or be. A complaint made under subsection (3) may be made orally or in writing signed by the complainant, but if made orally shall be reduced into writing by the magistrate and when so reduced shall be signed by the complainant. Upon receiving a complaint under subsection (3), the magistrate shall consult the local authority of the area in which the complaint arose and put on record the gist of that consultation; but where the complaint is supported by a letter from the local authority, the magistrate may dispense with the consultation and thereafter put that letter on record. After satisfying himself or herself that prima facie the commission of an offence has been disclosed and that the complaint is not frivolous or vexatious, the magistrate shall draw up and shall sign a formal charge containing a statement of the offence or offences alleged to have been committed by the accused. laid under the provisions of subsection (1)(b); or drawn up under the provisions of subsection (9), the magistrate shall issue either a summons or a warrant, as he or she shall deem fit, to compel the attendance of the accused person before the court over which he or she presides, or if the offence alleged appears to be one which the magistrate is not empowered to try or inquire into, before a competent court having jurisdiction; except that a warrant shall not be issued in the first instance unless the charge is supported by evidence on oath, either oral or by affidavit. Notwithstanding subsection (7), a magistrate receiving any charge or complaint may, if he or she thinks fit for reasons to be recorded in writing, postpone the issuing of a summons or warrant and may direct an investigation, or further investigation, to be made by the police into that charge or complaint; and a police officer receiving such a direction shall investigate or further investigate the charge or complaint and report to the court issuing the direction. Without prejudice, nothing in subsection (7) shall authorise a police officer to make an arrest without a warrant for an offence other than a cognisable offence. A summons or warrant may be issued on a Sunday. Nothing in this section shall be so construed as to affect the powers conferred upon justices of the peace by the Justices of the Peace Act.
13
Other parties to the offence of torture - Control over private prosecutions
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The Director of Public Prosecutions may require a victim or reporter to take over proceedings, may discontinue prosecutions, and may give information, assistance and documents; any person other than a public prosecutor or police officer may institute criminal proceedings; the Uganda Human Rights Commission's mandate is not prejudiced.

Section Control over private prosecutions Section Where criminal proceedings under this Act have been instituted, the Director of Public Prosecutions may— require the victim or the person reporting the offence— take over and continue the conduct of those proceedings at any stage before the conclusion of the proceedings; discontinue the prosecution of the proceedings at any stage; and to give him or her all reasonable information and assistance; and to furnish him or her with any documents or other matters. For the avoidance of doubt, any person other than a public prosecutor or a police officer, may institute criminal proceedings for any offence committed under this Act. This section shall not prejudice the mandate of the Uganda Human Rights Commission to entertain matters under this Act as cases of human rights abuse, and in such cases, the Commission shall deal with the cases as it ordinarily deals with human rights cases.
8
Other parties to the offence of torture - Other parties to offence of torture
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A person who procures, aids or abets, finances, solicits, incites, recommends, encourages, harbours, orders, or renders support (whether directly or indirectly) is listed as an other party to the offence of torture.

Section Other parties to offence of torture Section A person who, whether directly or indirectly— procures; aids or abets; finances; solicits; incites; recommends; encourages; harbours; orders; or renders support to;
9
Other parties to the offence of torture - Accessory after the fact to the offence of torture
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Receiving or assisting a person known to have committed an offence under this Act, to help them escape punishment, makes the receiver or assister an accessory after the fact to torture.

Section Accessory after the fact to the offence of torture Section A person who receives or assists another who is, to his or her knowledge, guilty of an offence under this Act, in order to enable him or her to escape punishment, becomes an accessory after the fact to the offence of torture. A person who is or becomes an accessory after the fact to the offence of torture commits an offence and is liable on conviction, to imprisonment not exceeding seven years or a fine not exceeding one hundred and sixty eight currency points or both. A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment by receiving or assisting in her husband’s presence and by his authority another person who is guilty of an offence in the commission of which her husband has taken part in order to enable that other person to escape punishment, nor does the husband become an “accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.

Part IV

Use of information obtained by torture

14
Use of information obtained by torture - Inadmissibility of evidence obtained by torture
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Information, confessions or admissions obtained by means of torture are inadmissible in evidence against the person from whom they were obtained; however, such material may be admitted against a person accused of torture to show it was obtained by torture.

Section Inadmissibility of evidence obtained by torture Section Any information, confession or admission obtained from a person by means of torture is inadmissible in evidence against that person in any proceeding. Notwithstanding subsection (1), such information, confession or admission may be admitted against a person accused of torture as evidence that the information, confession or admission was obtained by torture.
15
Use of information obtained by torture - Prohibition of use of information obtained by torture
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A person who uses information known or that they ought reasonably to have known was obtained by torture in prosecuting the tortured person commits an offence and on conviction may be punished by imprisonment up to two years or a fine up to forty eight currency points or both.

Section Prohibition of use of information obtained by torture Section A person who uses information which he or she knows or ought to have reasonably known to have been obtained by means of torture in the prosecution of the person tortured, commits an offence and is liable on conviction to imprisonment not exceeding two years or a fine not exceeding forty eight currency points or both.

Part V

Transfer of detainees

16
Transfer of detainees - No transfer of persons where likelihood of torture exists
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A person must not release, transfer, detain, order the release or transfer, or abandon a prisoner or detainee where there are reasonable grounds to believe the person is likely to be tortured.

Section No transfer of persons where likelihood of torture exists Section A person shall not where there are reasonable grounds to believe that a prisoner or detainee is likely to be tortured— Subsection (1) applies to any prisoner or detainee in the custody of any public official irrespective of the— release, transfer or order the release or transfer of a prisoner or detainee into the custody or control of another person or group of persons or government entity; transfer, detain or order the transfer or detention of a prisoner or detainee to a non-gazetted place of detention; or intentionally or recklessly abandon a prisoner or detainee, in any place where there are reasonable grounds to believe that the prisoner or detainee is likely to be tortured. citizenship of the prisoner or the detainee; location in which the prisoner or detainee is being held in custody or control; or location in which or to which the transfer or release is to take place or has taken place.

Part VI

Jurisdiction over the offence of torture

17
Jurisdiction over the offence of torture - Jurisdiction of Uganda courts in relation to the offence of torture
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The Chief Magistrates Court of Uganda has jurisdiction to try the offences in this Act when committed in the listed territorial or personal circumstances.

Section Jurisdiction of Uganda courts in relation to the offence of torture Section The Chief Magistrates Court of Uganda shall have jurisdiction to try the offences prescribed by this Act, wherever committed, if the offence is committed— outside Uganda— in Uganda; in any territory under the control or jurisdiction of Uganda; on board a vessel flying the Uganda flag or an aircraft which is registered under the laws of Uganda at the time the offence is committed; on board an aircraft, which is operated by the Government of Uganda, or by a body in which the government of Uganda holds a controlling interest, or which is owned by a company incorporated in Uganda; by a citizen of Uganda or by a person ordinarily resident in Uganda; against a citizen of Uganda; by a stateless person who has his or her habitual residence in Uganda; or by any person who is for the time being present in Uganda or in any territory under the control or jurisdiction of Uganda.
18
Jurisdiction over the offence of torture - Torture bailable by the Chief Magistrates Court
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A Chief Magistrate may grant bail for the offence of torture.

Section Torture bailable by the Chief Magistrates Court Section Bail in respect of the offence of torture may be granted by a Chief Magistrate.

Part VII

General

19
General - Consent of DPP required for prosecution of non citizen
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Non-citizens of Uganda shall not be prosecuted under this Act except with the consent of the Director of Public Prosecutions.

Section Consent of DPP required for prosecution of non citizen Section A person who is not a citizen of Uganda shall not be prosecuted for an offence under this Act except with the consent of the Director of Public Prosecutions.
20
General - Duty to report torture
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A person who suspects or has reasonable grounds to suspect torture must report their suspicion to the police or the commission.

Section Duty to report torture Section A person who suspects or has reasonable grounds to suspect that torture is being committed by a public official , person acting in official capacity or private capacity, has a duty to report to the police, the commission , of his or her suspicion of torture.
21
General - Protection of victim, witnesses and persons reporting torture
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The State must ensure protection for any person, including complainants, witnesses, and persons making complaints (whether victims or not).

Section Protection of victim, witnesses and persons reporting torture Section It shall be the responsibility of the State to ensure that any person including the— complainant; witnesses; or person making a complaint, whether the victim or not;
22
General - Restriction on extradition or deportation where person is likely to be tortured
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A person must not be extradited or deported from Uganda to another state if there are substantial grounds to believe they are likely to be subjected to torture; the person alleging that likelihood must prove it to the court; the court must consider factors including patterns of gross, flagrant or mass human rights violations; if not extradited or deported for this reason, the person shall be tried in Uganda.

Section Restriction on extradition or deportation where person is likely to be tortured Section Torture is an extraditable offence. Notwithstanding subsection (1) and the provisions of the Extradition Act, a person shall not be extradited or deported from Uganda to another state if there are substantial grounds to believe that that person is likely to be in danger of being subjected to torture. For the purposes of subsection (2), it shall be the responsibility of the person alleging the likelihood of being tortured to prove to the court the justification of that belief. In determining whether there are substantial grounds for believing that a person is likely to be tortured or in danger of being subjected to torture under subsection (2), the court shall take into account all factors including the existence of a consistent pattern of gross, flagrant or mass violations of human rights in the state seeking extradition or deportation of the person. Where a person is not extradited or deported as a consequence of the provisions of this section, that person shall be tried in Uganda.
23
General - No amnesty for offence of torture
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A person accused of torture cannot be granted amnesty.

Section No amnesty for offence of torture Section Notwithstanding the provisions of the Amnesty Act, a person accused of torture shall not be granted amnesty.

Part VIII

Miscellaneous

24
Miscellaneous - Regulations
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The Minister may make regulations by statutory instrument; must lay such instruments before Parliament as soon as practicable after publication; and may, while exercising those powers, prescribe fines and imprisonment which may exceed penalties in section 38 of the Interpretation Act.

Section Regulations Section The Minister may, by statutory instrument, make regulations for better carrying into effect the provisions of this Act. The Minister shall, as soon as practicable after the publication of a statutory instrument under this section, cause the instrument to be laid before Parliament. Notwithstanding the Interpretation Act, the Minister may, while exercising his or her powers under subsection (1), by statutory instrument, prescribe such fines and imprisonment as may be appropriate in the circumstances which may be in excess of the penalties prescribed by section 38 of the Interpretation Act.
25
Miscellaneous - Amendment of Schedules
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The Minister may amend the First and Second Schedules to this Act, by statutory instrument and with the approval of the Cabinet.

Section Amendment of Schedules Section The Minister may, by statutory instrument, and with the approval of the Cabinet, amend the First and Second Schedules to this Act.

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