Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In the Ojera case before the Uganda Human Rights Commission at Gulu in 2004, the complainant sought compensation for being detained and beaten by members of the Uganda People’s Defence Forces in 2001. The Commission stated:
Although it prohibits torture absolutely, the Constitution does not define torture. International human rights law however, defines torture in Article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
, 1984. The Uganda Human Rights Commission has applied this definition in several of its decisions. In essence torture is understood to mean the intentional infliction of severe pain or suffering whether physical or mental on a person for the purpose of getting from him or a third person information or a confession. It is also torture if the pain or suffering is for the purpose of punishing a person for an act the person or another person has done or is suspected to have committed. It is also torture if the pain or suffering is inflicted in order to intimidate or coerce a person or a third person.