Letters:
Dear Mr./Hon. Chief Justice/Lady Justice
I am deeply concerned about the Ugandan government’s inaction in protecting disabled sexual violence victims and the lack of additional steps to investigate crimes against them that would ensure swift justice. A case in point is Sanyu, a 13-year-old blind, deaf and mute Ugandan girl, who was raped and became pregnant as a result but was unable to communicate the identity of her rapist due to her condition. Sanyu’s mother and Legal Action for Persons with Disabilities - Uganda (LAPD) called for DNA testing of Sanyu’s father, three brothers (the only males who had access to her) and the baby to establish paternity, but the Government Analytical Laboratory - Wandegya did not respond to the official request and the police closed the case.
Upon learning about the case, international human rights organization Equality Now successfully raised funds for DNA testing in 2011 and with the assistance of LAPD, had the case reopened. DNA samples were taken from three of the four suspects (one brother had run away) on 24 August 2011 (four years after the rape) and sent to the Government chemist for testing, as is required for trial admissibility. The DNA testing languished for over a year and when finally received, the results showed that the baby’s father was genetically of the same paternal line, though none of the three tested were the father of Sanyu’s baby. To our knowledge no effort has been made by the police to apprehend and test the remaining suspect. Along with Equality Now and LAPD, I am seriously disturbed by the lack of a thorough investigation and the five year delay in justice for Sanyu, who is now 18. I support the call for improved legal procedures in cases of sexual violence, and for additional steps to be taken to help disabled victims.
Sexual violence is widespread in Uganda and disabled women and girls such as Sanyu are particularly vulnerable. The Constitution of Uganda and The Persons with Disabilities Act, 2006 upholds the rights of people with disabilities and provide for the elimination of all forms of discrimination and toward equal opportunities for them. However, the government does not take additional steps to facilitate justice for disabled victims of sexual violence such as Sanyu by making provision for investigative techniques that would facilitate the process and this leads to further victimization.
The Government of Uganda has ratified a number of regional and international human rights instruments that provide for the rights of persons with disabilities, such as the UN Convention on the Rights of Persons with Disabilities (CRPD), The Protocol on the Rights of Women in Africa (the Protocol) and the UN Convention on the Rights of the Child (CRC). In addition, Uganda has ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which in its General Recommendation No. 18 calls on States to report on special measures taken to deal with the particular situation of women with disabilities.
In order to make sure that Sanyu and girls in similar situations get justice, Uganda must live up to its domestic and international obligations and take additional steps to improve the investigation process and prosecution rate in sexual violence cases involving disabled victims. In particular I urge you to ensure that the remaining suspect in Sanyu’s case is immediately arrested and DNA testing conducted at government expense without delay. Please ensure that all relevant investigative techniques, including DNA testing, are promptly carried out in cases of sexual violence, and in particular, those concerning disabled victims.
Thank you for your attention.
Sincerely
