The High Court in Kampala has directed the government to pay UGX 10 million in compensation to a man who was unlawfully detained by police for ten days without being presented before a court.
Justice Bernard Nahamya ruled that the detention of Frank Byansi breached his constitutional right to personal liberty, which requires that an arrested person be produced in court or released within 48 hours.
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Byansi was arrested on 28 January 2024 along Bulenga Road and taken to the Special Investigations Unit (SIU) in Kireka, Wakiso District, on allegations of obtaining money by false pretence. He was later transferred to Nateete Police Station, where he was reportedly asked to refund the disputed money before being released on bond after surrendering his land sale agreement.
In his petition, Byansi said he was detained for four days at Kireka and six days at Nateete, claiming he was tortured during the period — an ordeal that allegedly left him with a fractured arm. He sought court declarations that his detention and alleged torture violated his rights under Articles 23, 42, and 45 of the Constitution, and that any evidence obtained through coercion be deemed inadmissible.
While the court found that Byansi’s detention exceeded the constitutionally allowed time limit, it declined to uphold the torture allegation. Justice Nahamya noted that the government presented evidence from a Mulago Hospital official disputing the authenticity of a medical report allegedly signed by a doctor who was not known to the hospital.
The court ordered the Attorney General, listed as one of the respondents, to pay both the compensation and the legal costs of the case. Justice Nahamya concluded that although Byansi failed to prove the torture claim, his prolonged detention without court appearance was unconstitutional.
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