The High Court judge Musa Ssekaana has directed former Internal Security Organisation (ISO) Director Col Kaka Bagyenda and 14 security operatives to compensate a businessman, Musa Nsereko, with Shs175 million.
The decision comes after Nsereko was illegally tortured and detained on Lwamayuba Island in Kalangala district for over a year without any charges.
The victim, Musa Nsereko, successfully demonstrated to the court that he was apprehended on May 27, 2018, by a combined force of the Internal Security Organization and other operatives while traveling from Kyengera to Nabbingo. Nsereko asserted that plain-clothed security operatives arrested him and held him captive in a safe house on Lwamayuba Island in Kalangala, without ever informing him of the reasons behind his arrest.
Nsereko further proved that he endured 17 months of detention on the island, during which he was denied access to his family, legal representation, and essential medical treatment for his injuries. He recounted the harrowing experiences of torture, resulting in a broken hand and forced labour, while in custody.
In his ruling, Justice Ssekaana acknowledged the existence of a comprehensive legal framework to prevent and prohibit torture. However, he emphasized that violations of the right to freedom, such as torture and cruel, inhuman, and degrading treatment or punishment, persist in Uganda. The judge stated that there was sufficient evidence to hold Col. Bagyenda and his group responsible for the torture inflicted upon Nsereko while clarifying that the government itself was not liable.
As per the judgment issued online, Nsereko has been awarded an additional 15% interest on the compensation amount from the date of the ruling until full payment is made.
Bagyenda served as the ISO boss from 2017 to 2020 until he was dismissed by President Yoweri Museveni.
