PREVENTION AND PROHIBITION OF TORTURE ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

PART II
PROHIBITION AND CRIMINALISATION OF TORTURE.

   2.   Definition of torture.

   3.   Prohibition of torture.

   4.   Criminalisation of torture.

   5.   Circumstances aggravating torture.

   6.   Compensation, rehabilitation or restitution to be ordered by court in certain cases.

   7.   Cruel, inhuman or degrading treatment or punishment.

PART III
OTHER PARTIES TO THE OFFENCE OF TORTURE.

   8.   Other parties to the offence of torture.

   9.   Accessory after the fact to the offence of torture.

   10.   Responsibility of a superior over actions of a subordinate.

   11.   Right to complain.

   12.   Institution of criminal proceedings.

   13.   Control over private prosecutions.

PART IV
USE OF INFORMATION OBTAINED BY TORTURE.

   14.   Inadmissibility of evidence obtained by torture.

   15.   Prohibition of use of information obtained by torture.

PART V
TRANSFER OF DETAINEES.

   16.   No transfer of detainee where likelihood of torture exists.

PART VI
JURISDICTION OVER THE OFFENCE OF TORTURE.

   17.   Jurisdiction of Uganda courts in relation to the offence of torture.

   18.   Torture bailable by the Chief Magistrates Court.

PART VII
GENERAL.

   19.   Consent of DPP required for prosecution of non citizen.

   20.   Duty to report torture.

   21.   Protection of victim, witnesses and persons reporting torture.

   22.   Restriction on extradition or deportation where person is likely to be tortured.

   23.   No amnesty for persons accused of torture.

PART VIII
MISCELLANEOUS.

   24.   Regulations.

   25.   Amendment of Schedules.

      First Schedule   Currency point.

      Second Schedule   Acts constituting torture.

PREVENTION AND PROHIBITION OF TORTURE ACT.

Commencement: 18 September, 2012.

   An Act to give effect, in accordance with Articles 24 and 44(a) of the Constitution, to the respect of human dignity and protection from inhuman treatment by prohibiting and preventing any form of torture or cruel, inhuman or degrading treatment or punishment; to provide for the crime of torture; to give effect to the obligations of Uganda as a State Party to the United Nation's Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other related matters.

WHEREAS Article 24 of the Constitution provides that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment;

AND WHEREAS Article 44(a) of the Constitution provides that notwithstanding anything in the Constitution, there shall be no derogation from the enjoyment of the freedom from torture and cruel, inhuman or degrading treatment or punishment;

AND WHEREAS it is necessary to give effect in Uganda to the Convention against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10th"> December, 1984 and ratified by the Republic of Uganda on 26th"> June, 1987;

PART I
PRELIMINARY.

1.   Interpretation.

In this Act unless the context otherwise requires—

   "commission" means the Uganda Human Rights Commission established by article 51 of the Constitution;

   "Convention" means the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10th"> December, 1984 and ratified by the Republic of Uganda on 26th"> June, 1987;

   "currency point" has the meaning assigned to it in the First Schedule;

   "deadly weapon" includes—

   (a)—

      (i)   an instrument made or adapted for shooting, stabbing or cutting, and any imitation of such an instrument;

      (ii)   any substance, which when used for offensive purposes is capable of causing death or grievous harm or is capable of inducing fear in a person that it is likely to cause death or grievous bodily harm; and

   (b)   any substance intended to render the victim of the offence unconscious;

   "Minister" means the Minister responsible for justice;

   "offender" means a person who performs an act of torture;

   "public official" means a person whether a public officer or not, employed by the government or local government or any Government agency or any other person paid out of public funds;

   "spouse" means a husband or wife by a lawful marriage;

   "superior officer" means a person in a higher position of authority than the officer alleged to have committed torture;

   "victim" means a person who suffers an act of torture.

PART II
PROHIBITION AND CRIMINALISATION OF TORTURE.

2.   Definition of torture.

   (1) In this Act, torture means any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official or private capacity for such purposes as—

   (a)   obtaining information or a confession from the person or any other person;

   (b)   punishing that person for an act he or she or any other person has committed, or is suspected of having committed or of planning to commit; or

   (c)   intimidating or coercing the person or any other person to do, or to refrain from doing, any act.

   (2) For purposes of this Act, "severe pain or suffering" means the prolonged harm caused by or resulting from—

   (a)   the intentional infliction or threatened infliction of physical pain or suffering;

   (b)   the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

   (c)   the threat of imminent death; or

   (d)   the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses o