Uganda Government News: Ugandan Homosexuals win historic case
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First published: 20081223 7:30:59 AM EST
Ultimate Media
The High Court in Kampala has ordered the government of Uganda to pay 13million shillings as damages to two lesbians for violating their rights.
Ivan Oyo and Victor Mukasa, both members of the Coalition of Gay Rights petitioned the court after allegedly being roughed up and beaten by police in Kampala on suspicion that they were homosexuals, which is still a crime in Uganda.
Through their lawyers, Rwakafuzi and company advocates, the lesbians said they had been tortured and their rights abused, contrary to constitutional guarantees against torture of any citizen.
Justice Stella Arac who heard the historic case ruled on Monday that the rights of duo were grossly abused and they should be compensated by the state.
The Judge said the petitioners had proved beyond reasonable doubt that their rights were grossly violated by the police officers contrary to the constitution of Uganda.
The two ladies were arrested by police in a Kampala suburb after being suspected of having a sexual union. The petitioners alleged that the police beat up Mukasa and destroyed her household property, before arresting Oyo, torturing her and holding her for several days without charging her in a court of law. They also alleged that the police ordered Oyo to undress before police officers to prove whether she is a man or woman.
Justice Arac ordered the government to pay Victor Mukasa 3million shillings for the humiliation and destruction of her property, and to pay Oyo 10-million shillings as damages for the torture and humiliation she was subjected to by the police.
The petitioners’ lawyer, Ladislus Rwakafuzi was ecstatic about the court ruling saying the court had proved that the rights and freedoms that the constitution gives to Ugandans are enjoyable by every Ugandan, whether a homosexual or not.
A group homosexuals yesterday turned up to witness the court ruling and left overjoyed by the judge’s pronouncements. But the Uganda Penal Code Act still outlaws any sexual union between people of the same sex, and most public opinion is strongly against homosexual rights largely seen as foreign. However, this court victory is expected to give sexual minorities in Uganda some legal basis to claim their rights and freedoms.
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