Courts Advised to Be Vigilant Against Prisoners Exploiting Torture Claims for Reduced Sentences

Uganda Prisons Service officials have disclosed a concerning development regarding capital offenders on remand who have devised a scheme to potentially evade severe sentences. Allegedly, these offenders manipulate the court system by falsely presenting themselves as victims, prompting courts to order their release.

Prison authorities highlight a shift from genuine remorsefulness during the plea bargain process to a manipulated system, especially among long-term remandees who have become adept at avoiding appropriate sentencing for their crimes.

A senior official, preferring anonymity, expressed concern that unless courts actively engage with prison administrators, this strategy will persist, allowing prisoners to exploit legal proceedings to escape justice.

The recent case of Martin Nshimiyimaana, released by the High Court at Mubende based on torture claims against prison officials at Kitalya prison, underscores this issue. However, investigations revealed that Nshimiyimaana’s allegations were unfounded, indicating a trend of false accusations among capital offenders.

Similarly, Tonny Kiyimba, initially claiming torture and mistreatment, was found to have fabricated his allegations upon investigation. Despite pleading guilty to serious offenses, he was released due to his false claims.

The Uganda Prisons Service maintains its commitment to upholding prisoners’ human rights, with internal mechanisms and external oversight ensuring accountability for any violations by prison staff.

While social media reports may circulate allegations of mistreatment, Frank Baine, the UPS spokesperson, urges stakeholders to verify claims before drawing conclusions, emphasizing the importance of fact-finding and collaboration within the justice sector.

Efforts to promote and protect human rights within prisons include the establishment of prisoners’ human rights committees, staff human rights committees, awareness campaigns, and regular inspections by relevant bodies such as the Uganda Human Rights Commission and Civil Society Organizations, demonstrating the Service’s dedication to upholding standards of decency and fairness within the penal system.