Freedom from torture of female detainees in police cells: a comparative study of Kawempe and Katwe Police Stations

Abstract

“Torture is a wound in the soul so deep it may never heal.”1 — A phrase often echoed by survivors, reminding us that beyond physical pain, torture permanently scars human dignity, particularly for women held in places meant to protect, not harm. This study sought to establish the extent to which the right to freedom from torture is respected with regard to women detainees in Ugandan detention facilities. The study particularly draws on the experience at two Police Stations in Uganda, namely; Kawempe and Katwe Police Stations. The study documents instances in which female detainees are tortured, the nature of such torture, and the availability of redress for the victims. It attempts to derive the broader implications of such factual record for Uganda’s obligations under domestic and international legal frameworks. The study was conducted by cross-sectional survey using the doctrinal and qualitative research method. The data was collected by interviews and documentary analysis. The researcher also used observation method by visiting the two police stations and observed the conditions there. The study revealed that, there are a number of laws which prohibit torture in Uganda. However, despite the existence of such laws, torture still manifests in the police cells of Kawempe and Katwe although not physical in nature. This is attributed to factors like weakness in the law itself, limited government funding to enforcement authorities among others. The study recommends increased funding to facilitate the improvement in the administration of justice and overall promotion of rights against torture of female detainees in police cells. Additionally, it also calls for the ratification of the Optional Protocol to the UNCAT, training of police and other relevant agents on the prohibition of torture and the implementation of the Robben Island Guidelines and other international and regional human rights instruments. The Government of Uganda should ensure adequate funding and support for the rehabilitation of torture victims, their families and communities and to provide victims’ access to justice and reparations Additionally, existing domestic laws should be harmonised with the obligations set out under CEDAW, for gender- sensitive detention conditions, and the African Charter on Human and Peoples’ Rights, which prohibits all forms of torture.