CAT/C/CR/34/UGA
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(b)
The abolition of corporal punishment following Criminal Appeal No. 16
of 1999 (Supreme Court) Kyamanywa v. Uganda;
(c)
The permission granted to many non-governmental organizations to operate
freely in the country;
(d)
The generous approach taken by the Government of Uganda in hosting more
than 200,000 refugees and in fully respecting the principle of non-refoulement;
(e)
The ratification by the State party of most major international human rights
conventions;
(f)
The ratification by the State party, on 14 June 2002, of the Rome Statute of the
International Criminal Court;
(g)
The current discussions in the State party with regard to the ratification of the
Optional Protocol to the Convention.
C. Factors and difficulties impeding the implementation of the Convention
4.
The Committee acknowledges the difficult situation of internal armed conflict in
northern Uganda. However, it points out that no exceptional circumstances whatsoever may be
invoked as a justification of torture.
D. Subjects of concern
5.
The Committee notes with concern that the State party has neither incorporated the
Convention into its legislation nor introduced corresponding provisions to implement several
articles, in particular:
(a)
The lack of a comprehensive definition of torture in the domestic law as set out
in article 1 of the Convention;
(b)
Convention;
(c)
The lack of an absolute prohibition of torture in accordance with article 2 of the
The absence of universal jurisdiction for acts of torture in Ugandan law;
(d)
The lack of compliance with other articles in the Convention, including
articles 6 to 9.
6.
The Committee is further concerned about:
(a)
The length of pre-trial detention, including detention beyond 48 hours as
stipulated by article 23, clause 4, of the Constitution and the possibility of detaining treason
and terrorism suspects for 360 days without bail;
(b)
The reported limited accessibility and effectiveness of habeas corpus;