U.S. Treasury Sanctions Uganda Prisons Boss Byabashaija Over Torture Claims

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The United States government has slapped sanctions on Commissioner General of the Uganda Prisons Service (UPS), Johnson Byabashaija over alleged torture of prisoners.

The U.S. Treasury Department said during Byabashaija’s term of office “members of the UPS have engaged in torture and other serious human rights abuse against prisoners held within UPS facilities.”

The U.S. claimed “prisoners have reported being tortured and beaten by UPS staff and by fellow prisoners at the direction of UPS staff.”

Washington further alleged that “members of vulnerable groups, including government critics and members of Uganda’s LGBTQI+ community, have been beaten and held without access to legal counsel.”

The U.S. gave the example of a 2020 case, whereby the UPS reportedly “denied a group of LGBTQI+ persons access to their lawyers and members of the group reportedly endured physical abuse, including a forced anal examination and scalding.”

According to the U.S. Department of State report for 2020 citing civil society organisations, Uganda Police Force and LDU [Local Defense Unit] officers–together with local government officials–raided the Children of the Sun Foundation shelter in Kyengera Town on March 29 and arrested 20 LGBTI persons, accusing them of violating COVID-19 public health guidelines by gathering in a closed space.

Activists claimed the mayor of Kyengera, Abdul Kiyimba, personally beat two of the suspects “as he questioned them about their homosexuality.”

Lawyers for the group reported prison authorities repeatedly denied them access to their clients while in pretrial detention, citing government restrictions on movement aimed at combating COVID-19.

On May 15, after the LGBTI persons’ lawyers filed suit, the UPS granted the lawyers access to the 20 LGBTI persons, two of whom stated UPS wardens subjected them to forced anal exams.

On May 19, the UPS released 19 LGBTI persons, after the Office of the Director of Public Prosecution dropped all charges on May 15. The UPS released the final person on May 27. LGBTI activists reported on July 21 that they had sued the Kitalya prison deputy commander, Philemon Woniala, and Kyengera mayor Abdul Kiyimba for torture and inhuman treatment.

Prison officials dismissed the claims of torture untrue.

“Byabashaija is being designated for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader’s or official’s tenure pursuant to E.O. 13818,” the sanctions against Byabashaija read in part.

As a result of today’s actions, all property and interests in property of Byabashaija that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to U.S. authorities.

The U.S. said in a statement on Friday night that the ultimate goal of sanctions is not to punish, but to bring about a positive change in behaviour.

“For example, the Department of the Treasury notes recent attempts by the Uganda Prisons Service to implement human rights-related measures, but these measures fall short,” the U.S. Treasury Department said.

“Should Byabashaija implement effective measures to eliminate torture and impunity, increase independent human rights monitoring, ban forced anal examinations and other forms of abuse used to target LGBTQI+ persons and others, ensure protections for vulnerable persons and groups, and improve overall prison conditions, the Department of the Treasury will consider those to be changes of behavior that would potentially result in his removal from the SDN List.”

The U.S. government has been steadily piling pressure on the Ugandan government to annul the Anti-Homosexuality Law.

Washington earlier this week announced expanded visa restrictions against Ugandan officials suspected of ‘undermining the democratic process’ in the East African country.

This was the third raft of measures against Uganda following the 2021 elections and the enactment of the Anti-Homosexuality Act.

The American Government recently discouraged their companies from investing in Uganda and moved to remove Uganda from beneficiaries of Africa Growth Opportunities Act (AGOA) list.

President Museveni has since written to United States leader, Joe Biden amid deterioration of relations between Kampala and Washington.

Lawmakers said the Anti-Homosexuality Act is aimed at protecting African traditional marriage and culture.

The new law will see anyone engaging in acts of homosexuality facing 20 years in jail and a death penalty for any one engaging in aggravated homosexuality (homsexual acts with minors, people with disabilities and other vulnerable groups of people).

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