The Uganda Human Rights Commission (UHRC) has awarded Sgt. Felix Byamugisha of the Uganda Peoples Defence Forces (UPDF) UGX 25 million in compensation for severe torture and inhumane treatment inflicted upon him by fellow soldiers under the orders of a senior officer. The ruling, delivered by a tribunal chaired by Mariam Wangadya, found that Byamugisha’s rights had been grossly violated, holding the government vicariously liable for the actions of its officers.
According to commission documents, the case stems from an incident on January 12, 2008, when Byamugisha, then a private attached to the 6th Battalion in Mubende, was assaulted by Regimental Policemen (RPs) under the command of Major Nelson Mugerwa, the then Administrative Officer of the barracks. The attack occurred when Byamugisha, accompanied by his wife, Atubikirwe Florence, attempted to leave for Kawandisa market without a gate pass.
Byamugisha argued that as a head of the department, he was not required to have a gate pass, but Major Mugerwa insisted otherwise. When Byamugisha questioned the order, Mugerwa commanded the RPs to arrest him. The soldiers severely beat him with batons, stripped him naked in front of his wife and other civilians, and continued their assault even as he attempted to flee. After sustaining severe injuries, he was taken to a military health facility but later escaped to seek better treatment at Bombo Military Hospital and Mulago Hospital.
After reviewing medical reports, testimonies, and internal UPDF communications, the commission concluded that Byamugisha had suffered brutal treatment amounting to torture. Reports from Mulago Hospital confirmed that he had sustained multiple soft tissue injuries, internal bleeding, and severe head trauma. A subsequent medical assessment noted long-term complications, including chronic pain and post-traumatic symptoms.
A report by Dr. Kalungi Sam of Mulago Hospital detailed Byamugisha’s extensive injuries, while internal UPDF memos described a pattern of human rights abuses by Major Mugerwa and his subordinates. One such report, written by Capt. Ulysses Chuka and addressed to the UPDF Chief Political Commissar, highlighted similar cases of brutality, exposing the extent of impunity within the ranks.
Further evidence came from an internal memo by Col. Katirima, dated May 14, 2009, which stated that Major Mugerwa and two other officers had “grossly violated and maimed at least 10 soldiers.” This report reinforced the tribunal’s conclusion that Byamugisha’s assault was not an isolated case but part of a wider pattern of abuse.
Having cited multiple legal instruments prohibiting torture, including Uganda’s Constitution, the African Charter on Human and Peoples’ Rights, and the United Nations Convention Against Torture, the commission ruled in Byamugisha’s favor. Article 44(a) of Uganda’s Constitution explicitly guarantees freedom from torture as an absolute right that cannot be taken away under any circumstances.
The commission criticized Major Mugerwa’s actions, describing them as oppressive, brutal, cruel, sadistic, barbaric, dehumanizing, arrogant, reckless, wanton, outright criminal, and impossible to justify. It noted that Mugerwa’s failure to provide immediate medical attention, and instead ordering Byamugisha’s detention, further aggravated the violation.
Considering the severity of the injuries, the prolonged medical treatment, and the psychological trauma, the tribunal awarded Byamugisha UGX 25 million in compensation. This ruling urges the government and military leadership to ensure that officers who commit human rights violations are held accountable and that similar abuses are prevented in the future.