Consequently, he was arraigned before the Iganga Magistrates court. The court charged him with doing an act likely to spread the infection of a disease contrary to section 171 of the Penal Code Act.
Kakwensa narrates his ordeal;
“The military men blindfolded and drove me to an initially unknown destination. I later learned from other detainees at Mbuya CMI headquarters. On Wednesday, April 15, 2020, my captors briefly rushed me to my Iganga home. They searched my house and confiscated more of my properties. These include a laptop charger and a copy of my book.” His affidavit reads.
According to court documents, at Mbuya, he suffered solitary detention. They kept him in a toilet in the dark dungeons for five days until April 18. He was then “dragged” together with three other inmates to Special Investigations Division in Kireka.
“On Tuesday, April 14, the CMI operatives hanged me while handcuffed and leg cuffed. This was on the metals at a staircase connecting the ground floor to the first floor. In the dark dungeons of Mbuya, CMI personnel subjected me to untold torture. Cruelty, humiliation, inhuman and degrading treatment incommunicado and often solitary toilet detention.”
Kakwenza says they didn’t just hang him, they beat him using sticks, batons, and guns. All on in the back during interrogation.
He adds in the affidavit that he currently feels dizzy despite taking plenty of water. He says it’s the torture that caused all these.
The critical book writer now wants the court to declare that arresting, beating, wounding, torturing, blindfolding and detention incommunicado constituted a breach of guaranteed human dignity and freedom from torture as enshrined in the 1995 constitution.
“The applicant seeks a declaration that the respondent’s officers’ incommunicado detention of the applicant was illegal and violated his personal liberty and freedom of movement guaranteed under articles 23 and 29(2)(a) and (b) of the 1995 Constitution of Uganda.” Part of the court documents in the suit where he listed the Attorney General reads.
He also wants the court to order the government to pay general, punitive, and exemplary damages among other orders for the arrest and subsequent torture.
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