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Where Do We Go for Justice? the Abuse of the Rights of Sexual Minorities in Uganda's

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Where Do We Go for Justice? the Abuse of the Rights of Sexual Minorities in Uganda's ‘Where Do We UGANDA: Go for Justice?’ The Abuse of the Rights of Sexual Minorities in Uganda’s Criminal Justice System PHOTO CREDITS: Rebecca Vassie TABLE OF CONTENTS Part I: Introduction • Introduction 2 • Key Recommendations 3 • Methodology 3 Part II: Context • Background to the report 5 • Continued criminalization of same sex conduct 6 • Vitriolic rhetoric of government offcials 6 • Increased number of LGBTI feeing the country 7 • Understanding a criminal case fow in the criminal justice system 8 Part III: Grave Violations within the criminal justice system • Intrusive non-consensual and inhumane anal examinations 10 • Inhumane medical examinations without prior counseling and consent 15 • Refusal to investigate cases reported by persons of different sexual orientation and gender 20 identity • In-cell abuse of sexual minorities 22 • Media parading of LGBTI victims in the face of increased risks in the society 25 • Diffculty to access court bail and police bond 28 • Use of criminal charges for extortions and blackmail 30 • Arbitrary arrests and prolonged detention 32 • Institutionalized homophobia in the criminal justice system 36 • Unfair trials of sexual minorities 40 Part IV: International, regional and national law standards • General State obligations 42 • Sexual Orientation as a basis for non-discrimination 42 • National Standard 43 • African Commission for Human & Peoples’ Rights Resolution on non-discrimination 43 • Standard for medical practitioners 43 • Standard for law enforcement offcers 44 Part V: General Recommendations 45 • To the Uganda Police 46 • To the Directorate of Public Prosecutions 46 • To the Courts of Judicature 46 • To the media 46 • To the Civil Society Organizations 46 2 UGANDA: ‘Where Do We Go for Justice?’ PART I Introduction There have been many reports about the This report seeks to go behind the arrests abuse of fundamental rights and freedom and long pre-trial detention to examine the of sexual minorities in Uganda. What treatment of sexual minorities within the then is the purpose of this report? Is it just criminal justice system and examine the another report in the long list of reports on experiences of victims in the criminal justice this very sensitive issue in Uganda? Two system. The report seeks to vividly highlight things have made it necessary to conduct the treatment of sexual minorities in the this research and write this report. The frst criminal justice system. It also highlights the is that all previous reports document cases response of the criminal justice system to of abuse of sexual minorities and provide reported cases of criminality against sexual useful statistics. The Civil Society Coalition minorities. on Human Rights and Constitutional Law (CSCHRCL) for instance, in a report titled Secondly, the timing of this report is Uganda Report of Violations Based on Sex important. After the annulment of the Determination, Gender Identity and Sexual Anti-Homosexuality Act (AHA) by the Orientation document instances of arbitrary Constitutional Court, an attempt was arrests, long pre-trial detention, evictions by made to force a re-tabling of a new law on landlords, limited access to health services homosexuality. Shortly after the annulment, among others. two Members of Parliament; Hon. David Bahati and Hon Hudson Obua, sought, and Sexual Minorities Uganda (SMUG) in its were granted leave to table another law on report From Torment to Tyranny, enhanced homosexuality. Persecution in Uganda Following the Passage of the Anti-homosexuality Act, 2014 The MPs went into overdrive collecting covering the period December 20, 2013 signatures from other MPs to petition the to May 1, 2014 chronicles the intensity of Speaker of Parliament to reintroduce a violations that were sparked off as a result new law. Several MPs from across the of the enactment of the law. The report political divide found a convergence in an provides statistical data on the number of attempt to table a new law. The ruling party cases reported and the nature of violations. subsequently set up a committee to review It put the number of reported cases over the the pleadings in the AHA petition, the ruling period at 162 cases ranging from physical of the court and concerns raised. In a leaked violence, kidnap, arrests, and blackmail to bill named The Prohibition of Unnatural press intrusion. Sexual Offences Bill 2014, the ruling party committee proposes a more extreme bill than There have also been other reports by the AHA, in terms of its provision. Amnesty International that documented increased homophobia and the use of the There is a possibility that this leaked draft law to restrict the space for assembly and bill will be tabled for enactment in the association especially for sexual minorities. remaining tenure of this parliament. This UGANDA: ‘Where Do We Go for Justice?’ 3 report is an attempt to provide some context investigated and prosecuted into the implications of such a law especially • Stop parading arrested suspects to the on access to justice and the impact within the media; particularly LGBTI individuals criminal justice system on sexual minorities. who face increased violence as a result of such parade. The report thus provides real-life experiences • Guarantee sexual minorities right of sexual minorities in the criminal justice to privacy and confdentiality while system in Uganda. It is impossible to reporting abuses to the police. Their stop that which is unseen. When we fail sexual orientation per se must not be a to acknowledge the existence of sexual crime. minorities, transgender people, and intersex • Institute an investigation into assaults of people, their oppression, whether within sexual minorities suspects on the basis the criminal justice system or elsewhere, of their sexual orientation by the police remains invisible. In documenting these offcers at police stations and make such lived experiences of sexual minorities in the report public. criminal justice system in Uganda, Chapter • Discipline and refer for criminal Four Uganda seeks to garner recognition that prosecution police offcers who engage in the violence experienced by LGBTI people is assaulting of LGBTI suspects and other real and distinct. forms of homophobic treatment while at police installations. Key Recommendations • Investigate and discipline offcers engaging in the abuse of the criminal To the Uganda Police justice process to blackmail and extort money and property from sexual • Immediately cease the use of intrusive, minorities. non-consensual, inhumane and degrading • Train offcers handling LGBTI anal/rectum examinations of persons of related cases on the principle of non- different sexual orientation and gender discrimination on the basis of sexual identity as a means of investigations. orientation and gender identity. • Provide counseling services and obtain patient consent prior to the conduct Methodology of medical procedures during the investigation of alleged crimes. This report is based on information gathered • Immediately issue practice directives for by Chapter Four Uganda between the months the conduct of investigations of sexual of December 2014 and February 2015 in offences to ensure the observance of the districts of Buikwe (Lugazi township), fundamental rights of both victims and Entebbe, Kampala and Mbarara. Chapter suspects. Four relied on secondary and primary • Urgently investigate all allegations of sources obtained in the research period. The refusal/disregard to investigate cases report focuses on the real life experiences reported by persons of different sexual of individuals, who have gone through the orientations and gender identity to the criminal justice system on accusation of police and ensure that such cases are duly homosexuality. 4 UGANDA: ‘Where Do We Go for Justice?’ The report focuses on the experiences of participated in the research and were criminal justice actors; people who on a informed that the interviews were purposely day to day basis conduct investigations, for research that would lead to the writing hear cases, examine victims and suspects and publication of this report. and lawyers who defend or prosecute cases related to sexual minorities. Chapter Four Uganda interviewed two (2) medical doctors who routinely conduct Chapter Four Uganda traced, obtained and medical examinations on suspects and reviewed volumes of documents including victims in homosexuality related cases. police statements, police fles, court fles, These doctors, by their own admission, charge sheets, medical examination reports, have between themselves conducted more and media reports relating to sexual than twenty-fve (25) medical examinations minorities between the years 2012-2015. on cases related to homosexuality. Also In all, 14 police fles and 10 court fles interviewed were twelve (12) police offcers, were obtained. In all, these fles contained and eleven (11) activists working with hundreds of pages of witnesses and suspect non-governmental organizations (NGOs) statements, taken at various police stations, dedicated to supporting sexual minorities. medical reports from the police doctors and other private medical facilities authorized by Chapter Four Uganda sent letters to the the police to carry out medical examinations Inspector General of Police (IGP) and the as part of the formal investigations. The case Director of Public Prosecutions (DPP) fles were corroborated with interviews with requesting for information and clarifcations victims, lawyers, medical practitioners and in relation
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