By Isaac Ssemakadde
Dear Commissioner General Dr. Johnson Omuhunde Rwashote Byabashaija:
We write to express our outrage and condemnation of the inhumane practice of forced hair removal in Luzira group of prisons, as exposed by the BBC News article “Top designer vows to regrow dreadlocks cut after Uganda arrest” (28 June 2024)
The traumatic experience of Latif Madoi, a 47-year-old suspect who had his 17-year-old Rastafarian dreadlocks cut off, is a stark example of the dehumanization and violation of human rights occurring within your facilities.
This disgraceful act contravened the rules 34(4) and 34(5) of Uganda’s Prison Regulations 2012, section 57(a) of the Prison Act 2006, articles 23, 24, 27, 28(3)(a), 28(7), 44(a), 44(c) and 45 of the Constitution, and several international human rights treaties which Uganda has ratified.
It is unacceptable that remand prisoners, who are presumed innocent until proven guilty, are subjected to such cruel, inhumane, degrading and invasive treatment or punishment.
As the African proverb goes, “A thorn tree cannot produce mangoes.” Similarly, a prison system that claims to reform but instead dehumanizes, cannot produce just and rehabilitated citizens.
DEMANDS FOR ACCOUNTABILITY AND REMEDIES:
1.Public Apology: Issue a public apology for these violations on or before 2 August 2024.
2.Independent Investigations: Launch an independent inquiry into these violations.
3.Punitive Compensation: Pay Latif Madoi and other affected prisoners substantial compensation for the trauma and dehumanization suffered.
4.Restorative Justice: Provide counseling and rehabilitation services to affected prisoners.
5.Personal Liability: Should the Uganda Prisons Service fail to apologize and compensate the victims of its hair freedom violations, we shall move the High Court on 15 August 2024 to hold you, Commissioner General, and your responsible subordinates at Luzira prison, personally liable for this portfolio misconduct.
6.Policy Reform: Immediately repeal the forced hair removal policy for remand prisoners.
7.Training and Sensitization: Provide human rights training for prison staff.
8.Rule of Law: Ensure that prisoners receive a copy of the Constitution and the Prison Regulations booklet upon admission, as mandated by article 4 of the Constitution and section 58(5) of the Prison Act 2006.
REMINDER: US SANCTIONS
Commissioner General, you are under US sanctions for human rights violations under the Magnitsky Act.It is time to take responsibility and reform the Uganda Prison Service.
Prison Regulation 34(4):The hair of a prisoner awaiting trial and a prisoner awaiting the hearing of an appeal shall be kept clean and in the same state as it was on admission.
Prison Regulation 34(5): The hair of a prisoner who follows a religion that prohibits the cutting of hair shall not be cut without an order in writing from the officer-in-charge,made on the ground of necessity certified by a medical officer.
Sincerely,
Isaac Ssemakadde,
Founder & Executive Director, LEGAL BRAINS TRUST
(A Kampala-based democracy and human rights watchdog, est. 2008)