US sanctions Byabashaija, prisons boss, Over torture

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Summary:

• The U.S. Department of the Treasury has sanctioned Uganda’s Commissioner General of Prisons, Johnson Byabashaija, and 19 others over allegations of torture and serious human rights abuses within the Uganda Prisons Service, citing instances of violence against inmates, denial of legal counsel to vulnerable groups, and alignment with international partners to deter global human rights abuses.

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The Commissioner General of Prisons in Uganda, Johnson Byabashaija, has been subjected to sanctions by the United States Department of the Treasury amid allegations of torture occurring within the country’s prisons. According to a statement released on December 8, the U.S. claims that since Byabashaija assumed the role of prisons chief in 2005, members of the Uganda Prisons Service have been involved in severe human rights abuses, including torture, against inmates held in UPS facilities.

The statement highlights instances where prisoners reported being subjected to torture and physical abuse by both Uganda Prisons Service staff and fellow inmates, allegedly under the direction of UPS personnel. Specific cases include the denial of legal counsel to vulnerable groups such as government critics and members of Uganda’s LGBTQI+ community. In one notable incident from 2020, a group of LGBTQI+ individuals were reportedly denied access to their lawyers by the UPS, and members of the group endured various forms of physical abuse, including forced anal examinations and scalding.

Johnson Byabashaija is being sanctioned as a foreign individual who has served as a leader or official of an entity, including government entities, involved in serious human rights abuses during his tenure, in accordance with Executive Order 13818. Alongside Byabashaija, 19 other individuals connected to human rights abuses in nine countries are also facing sanctions, with an additional two individuals sanctioned under the Department of State’s counterterrorism authority.

The U.S. Department of State has taken further actions, designating individuals in Russia, Indonesia, and the People’s Republic of China (PRC) for visa restrictions as per Section 7031(c) of the Annual Appropriations Act. These measures align with actions taken by the United Kingdom and Canada, using economic measures to discourage global human rights abuses. The statement emphasizes solidarity with international partners in upholding shared ideals.

Activists alleged that Abdul Kiyimba, the mayor of Kyengera, personally assaulted two suspects during an interrogation about their homosexuality. Legal representatives for the group claimed that prison authorities, citing COVID-19 restrictions, repeatedly denied access to their clients during pretrial detention.

Following a lawsuit filed by lawyers representing LGBTI individuals on May 15, the Uganda Prisons Service (UPS) granted access to the 20 detainees. Two of them claimed that UPS wardens subjected them to forced anal exams. On May 19, the UPS released 19 individuals, and on May 27, the final person was released. Subsequently, on July 21, LGBTI activists reported suing Philemon Woniala, the deputy commander of Kitalya prison, and Mayor Abdul Kiyimba for torture and inhuman treatment.

Prison officials dismissed the torture claims as false. The sanctions against Byabashaija, mentioned in the context, were based on allegations of serious human rights abuses during his tenure.

The U.S. emphasized that the goal of sanctions is not punitive but aimed at promoting positive behavioral changes. The statement acknowledged some efforts by the Uganda Prisons Service but deemed them insufficient. The U.S. Treasury Department indicated that if effective measures were implemented to eliminate torture, protect vulnerable groups, and improve prison conditions, Byabashaija could be considered for removal from the sanctions list.

The U.S. government has consistently pressured Uganda to repeal the Anti-Homosexuality Law. Recent measures include expanded visa restrictions and discouraging American companies from investing in Uganda. President Museveni wrote to U.S. leader Joe Biden amidst strained relations. Ugandan lawmakers argue that the Anti-Homosexuality Act is intended to protect traditional African marriage and culture, imposing severe penalties, including death, for engaging in homosexuality, particularly aggravated acts.

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