The Minister for Justice and Constitutional Affairs Nobert Mao has invoked condemnation of brutality and torture of Edward Sebuufu aka Eddie Mutwe, a bodyguard of the National Unity Platform (NUP) leader Robert Kyagulanyi, and emphasized the constitutional presumption of innocence being unequivocal and non negotiable.
In a May 5th statement on Sebuufu following reports that he was produced ina Masaka court in a visibly weak condition and showing signs of having been tortured, Mao clarified that constitutionally, no citizen should be subjected to any punishment unless found guilty after due process in courts of law.
“Bringing illegally detained, brutalized and tortured suspects before the courts of law is an abuse of judicial processes that emanate from the abuse of suspects’ constitutional rights and should be roundly condemned. The courts must act swiftly and handle these matters expeditiously based on precedent”, the minister pointed out.
He observed that there are sufficient authorities to guide the courts as they exercise their discretion to deal with torture and other abuses of constitutional rights. In the case of Uganda vs Robert Ssekabira and 10 others Mao said, Justice Ralph Ochan made a landmark ruling when he said:
“We cannot stand by and watch prosecutions mounted and conducted in the midst of such flagrant, egregious and mala fide violations of the Constitution and must act to protect the constitutional rights of the petitioners in particular and the citizens of Uganda in general as well as the rule of law in Uganda by ordering all the tainted proceedings against the petitioners to stop forthwith and directing the respective courts to discharge the petitioners.”
He disclosed that the Ministry of Justice and Constitutional Affairs has finalized the National Action Plan for Human Rights which will soon be tabled before Cabinet for approval, and, in addition Cabinet established a Standing Committee on Human Rights which intervenes through official channels to ensure redress where there’s violation of human rights.
Mao said the Ministry will soon launch a toll free line for reporting cases of human rights violations.
“Finally, let us continue to express, without undue animosity towards those of different political persuasions, our high expectations of all those in positions of authority that they live up to their oath to preserve, protect and defend the Constitution. As Edmund Burke wrote, ‘Law and arbitrary power are in eternal enmity,” Mao said.