Uganda: Court Orders Mayor to Pay for Torture of 20 Over Homosexuality

Activists have welcomed a landmark decision by Uganda’s High Court holding former Kyengera Town Council Mayor Hajji Abdul Kiyimba personally liable for violating the rights of 20 young LGBTQ individuals arrested on homosexuality charges during the COVID-19 lockdown in 2020.

The 22 November ruling, delivered by Justice Dr Douglas Karekona Singiza, found Kiyimba and the Town Council guilty of inflicting torture, inhuman treatment, and breaching the group’s privacy.

The case centred on a raid led by Kiyimba on 29 March 2020, a day after Uganda’s first COVID-19 lockdown was announced. Kiyimba, accompanied by police and local officials, accused the group of homosexuality and stormed their residence.

Over three hours, the individuals endured verbal and physical abuse. One person was forced to undress and undergo a humiliating examination, while the entire group was tied up, filmed, and paraded to a local police station.

While detained at Kitalya Mini-Max Prison, the group faced further harassment. Prison officials reportedly subjected them to degrading treatment, including severe beatings and the burning of one individual’s genitalia with a heated stick.

However, the court did not hold the prison officials accountable, citing a lack of evidence of misconduct beyond standard prison practices.

Justice Singiza’s ruling awarded each of the 20 applicants UGX 7.5 million (approximately USD 2,000) in damages and ordered Kiyimba and the Kyengera Town Council to bear the costs. The damages will accrue interest until fully paid.

A Win for Accountability and Human Rights

Mukiibi Henry, the lead applicant in the case, expressed mixed feelings about the judgment: “We welcome this decision. Although the prisons authorities have not been held responsible for their actions, we are happy that justice has in part been served.”

Dr Adrian Jjuuko, Executive Director of the Human Rights Awareness and Promotion Forum (HRAPF), highlighted the significance of holding political leaders accountable.

“This judgment affirms the humanity of the applicants who have for long suffered the effects of the indignity and violence meted out against them,” he said.

“Local leaders and politicians have now been put on notice that if you beat up people based on their sexual orientation and gender identity, you pay from your own pockets as provided for under the Human Rights Enforcement Act. The taxpayer is no longer there to always pay for the misdeeds of individuals,’ added Jjuuko.

Concerns and Unfinished Business

While welcoming the decision, HRAPF and the Coalition of Supporters of Sexual Minorities in Uganda (COSF) expressed concerns about the court’s failure to recognise discrimination as a core issue.

They highlighted the need for the government to address violence and impunity targeting LGBTQ individuals, particularly in light of the Anti-Homosexuality Act (AHA) of 2023, which imposes harsh penalties on the LGBTIQ+ community.

The judgment follows an earlier 2020 ruling where the state was found to have violated the group’s right to legal representation. Despite the award of damages in that case, the state has yet to pay.

HRAPF and COSF reiterated calls for political leaders to respect human rights and urged the government to repeal discriminatory laws like the AHA. They also demanded immediate compensation for the victims and adherence to international human rights standards.