CW: contains mentions of torture.
On November 22, the Ugandan High Court ruled in favour of 20 men who were arrested and tortured by police for alleged homosexuality in 2020, awarding them over €35,000. The ruling has been hailed as a victory for the queer community in Uganda, a country that has one of the harshest anti-LGBTQ+ laws in the world.
With this ruling, the High Court of Uganda’s Civil Division found the Kyengera Town Council and Mayor Abdul Kiyimba guilty of inflicting torture, inhuman treatment, and breaching the men’s privacy. The decision detailed how the arrests took place on March 29, 2020, when the “police and other state authorities” arrested the group of Ugandan men and “allegedly tortured” them.
Such arrests took place right after the Ugandan government implemented Covid-19 lockdowns and were made as part of a raid led by Mayor Kiyimba. The men, who worked with the Human Rights Awareness and Promotion Forum, a non-profit human rights organisation, were accused of homosexuality after their residence was stormed by police.
Detailing the case during the hearing, Justice Douglas Singiza stated: “They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practising homosexuality.
“The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”
“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” Judge Singiza continued.
The judge found little evidence given for violations of the country’s anti-LGBTQ+ laws, stating that the investigation lacked merit. He thus awarded each of the 20 applicants UGX 7.5 million (approximately €2,000) in damages, ordering Kiyimba and the Kyengera Town Council to bear the costs.
Taking to X after the ruling, human rights activist and executive director of Sexual Minorities Uganda, Frank Mugisha, said: “A Ugandan court has awarded Shs150 million to 20 Ugandans who were tortured for alleged homosexuality during the COVID lockdown, marking a significant victory for the LGBTQ+ community.”
Adrian Jjuuko, executive director of Uganda’s Human Rights Awareness and Promotion Forum, told reporters: “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.”
While welcoming the ruling, the organisation also expressed concern about the court’s and the government’s failure to recognise discrimination as the core issue, especially in light of the Anti-Homosexuality Act passed in 2023.
The Act was signed into law by Ugandan President Yoweri Museveni in May last year. While same-sex relationships were already criminalised in the country due to colonial-era legislation, the new measures saw some of the harshest punishments in the world introduced for offenders.
Under the law, engaging in same-sex sexual relationships can result in life in prison, and those found guilty of ‘aggravated homosexuality’, which includes having sex while HIV Positive, face the death penalty. Additionally, campaigning for LGBTQ+ rights is punishable by up to 20 years imprisonment.
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