Prevention and Prohibition of Torture Act, 2012
Act 3 of 2012
- Published in Uganda Gazette 52 on 18 September 2012
- Assented to on 27 July 2012
- Commenced on 18 September 2012
- [This is the version of this document from 18 September 2012.]
Part I – Preliminary
1. InterpretationIn this Act unless the context otherwise requires—“commission” means the Uganda Human Rights Commission established by article 51 of the Constitution;“Convention” means the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984 and ratified by the Republic of Uganda on 26th, June, 1987;“currency point” has the meaning assigned to it in the First Schedule;“deadly weapon” includes—(a)(i)an instrument made or adapted for shooting, stabbing or cutting, and any imitation of such an instrument;(ii)any substance, which when used for offensive purposes is capable of causing death or grievous harm or is capable of inducing fear in a person that it is likely to cause death or grievous bodily harm; and(b)any substance intended to render the victim of the offence unconscious.”“Minister” means the Minister responsible for justice;“offender”, means a person who performs an act of torture.“public official” means a person whether a public officer or not, employed by the government or local government or any Government agency or any other person paid out of public funds;“spouse” means a husband or wife by a lawful marriage;“superior officer” means a person in a higher position of authority than the officer alleged to have committed torture;“victim” means a person who suffers an act of torture.
Part II – Prohibition and criminalisation of torture
2. Definition of torture
3. Prohibition of torture
4. Criminalisation of torture
5. Circumstances aggravating tortureNotwithstanding section 4, where it is proved that at the time of, or immediately before, or immediately after the commission of torture the—
6. Compensation, rehabilitation or restitution to be made by court in certain cases
7. Cruel, inhuman or degrading treatment or punishment
Part III – Other parties to the offence of torture
8. Other parties to offence of torture
9. Accessory after the fact to the offence of torture
10. Responsibility of a superior over actions of a subordinateA superior officer is liable for any act of torture committed by a subordinate under his or her authority and control where—
11. Right to complain
12. Institution of criminal proceedings
13. Control over private prosecutions
Part IV – Use of information obtained by torture
14. Inadmissibility of evidence obtained by torture
15. Prohibition of use of information obtained by tortureA person who uses information which he or she knows or ought to have reasonably known to have been obtained by means of torture in the prosecution of the person tortured, commits an offence and is liable on conviction to imprisonment not exceeding two years or a fine not exceeding forty eight currency points or both.
Part V – Transfer of detainees
16. No transfer of persons where likelihood of torture exists
Part VI – Jurisdiction over the offence of torture
17. Jurisdiction of Uganda courts in relation to the offence of torture
18. Torture bailable by the Chief Magistrates CourtBail in respect of the offence of torture may be granted by a Chief Magistrate.
Part VII – General
19. Consent of DPP required for prosecution of non citizenA person who is not a citizen of Uganda shall not be prosecuted for an offence under this Act except with the consent of the Director of Public Prosecutions.
20. Duty to report tortureA person who suspects or has reasonable grounds to suspect that torture is being committed by a public official, person acting in official capacity or private capacity, has a duty to report to the police, the commission, of his or her suspicion of torture.
21. Protection of victim, witnesses and persons reporting tortureIt shall be the responsibility of the State to ensure that any person including the—
22. Restriction on extradition or deportation where person is likely to be tortured
23. No amnesty for offence of tortureNotwithstanding the provisions of the Amnesty Act, a person accused of torture shall not be granted amnesty.
Part VIII – Miscellaneous
25. Amendment of SchedulesThe Minister may, by statutory instrument, and with the approval of the Cabinet, amend the First and Second Schedules to this Act.
History of this document
18 September 2012 this version
27 July 2012
Cited documents 0
Documents citing this one 3
- Byansi v Nkumba University & 2 Ors (Miscellaneous Application No. 31 of 2017)  UGHCCD 30 (30 March 2017)
- George Kiggundu v Attorney General (Civil Suit No. 386 of 2014)  UGHCCD 189 (19 August 2019)
- Uganda v Kayihura & Ors (Revision Cause No. 34 of 2016)  UGHCCRD 75 (17 August 2016)