Uganda: Court Drops Anti-Homosexuality Act Death Penalty Case After Two-Year Ordeal

More than two years after he was charged, a traumatised young man — one of the first people arrested under Uganda’s extreme Anti-Homosexuality Act — will finally be released.

The then 20-year-old from the city of Soroti was arrested in August 2023 and charged with “aggravated homosexuality” for allegedly having “unlawful sexual intercourse” with a 41-year-old man.

His arrest came just months after President Yoweri Museveni approved the draconian legislation.

Death Penalty Threat Sparked Global Outrage

The young man faced the death penalty under the law because authorities claimed the older man he allegedly had sex with was living with a disability, although this was never confirmed. The case sparked outrage among international human rights organisations, which called for his immediate release.

Amnesty International said at the time that, “Charging this individual with an offence that carries the death penalty based solely on his perceived sexual orientation is a flagrant violation of international law.”

In January 2024, prosecutors amended the charges to “unnatural offences of having carnal knowledge against the order of nature”, a colonial-era provision punishable by life imprisonment.

The young man spent almost a full year in custody awaiting the outcome of the case, which ultimately led to its dismissal.

Court Cites Mental Health Impact

The man’s lawyer, Douglas Mawadri, told Reuters that the court decided on Monday not to proceed with the case due to the severe impact the ordeal had on his mental health, which resulted in psychosis and schizophrenia.

“The magistrate discontinued the case upon finding that the accused is of unsound mind after a long detention on remand,” Mawadri said, according to the news agency.

While the court seemingly did not rule on the merits or legality of the charges, Ugandan human rights activist Frank Mugisha welcomed the news as a “victory”. He thanked “all our partners, the legal team and friends” who played a role in supporting the young man.

Ongoing Human Rights Abuses Under the Law

Since the Anti-Homosexuality Act came into force in May 2023, Uganda has seen hundreds of reported human rights violations targeting LGBTIQ+ people. These include arrests, evictions, forced anal examinations, torture, and violations of the rights to equality and freedom from discrimination.

The law imposes life imprisonment for engaging in homosexual acts and the death penalty for “aggravated” homosexuality. This includes cases involving the alleged transmission of HIV, sexual relations with a person with a disability or mental illness, an elderly person, or someone under the influence of drugs or alcohol.

The Act also criminalises the “promotion of homosexuality”, placing human rights defenders and organisations advocating for LGBTQ+ rights at risk of prison sentences of up to 20 years.

In January, the Ugandan government shut down at least seven human rights non-governmental organisations (NGOs), including Chapter Four Uganda, which is widely known for its advocacy on behalf of LGBTQ+ people.