Arbitrary detention, incommunicado confinement, and alleged torture of Ugandan human rights lawyer Agather Atuhaire alongside activist Boniface Mwangi

The International Bar Association’s Human Rights Institute (IBAHRI) and Lawyers for Lawyers express deep concern over the recent arbitrary detention, incommunicado confinement, and alleged torture of Ugandan human rights lawyer Agather Atuhaire alongside Kenyan journalist and activist Boniface Mwangi by Tanzanian authorities. These actions represent serious violations of international human rights standards and a direct contravention of the United Nations Basic Principles on the Role of Lawyers, underscoring a troubling trend of shrinking civic and democratic space, and judicial independence across countries in East Africa.

Agather Atuhaire is a prominent lawyer and anti-corruption advocate in Uganda. She is co-founder of Agora Discourse, a civic platform known for exposing institutional corruption. Ms Atuhaire has been repeatedly targeted due to her work, including being arrested in January 2025 during peaceful protests and facing persistent threats following her reporting on parliamentary corruption.

On 19 May 2025, Ms Atuhaire and Mr Mwangi were arrested in Dar es Salaam, Tanzania while attending the treason trial of Tanzanian lawyer and opposition leader Tundu Lissu, prosecutions punishable by the death penalty if found guilty. Despite assurances from Tanzanian authorities that both individuals would be deported, they were instead held incommunicado, denied access to legal counsel and contact with family or consular representatives, in clear violation of international norms and Tanzania’s own constitutional safeguards.

On 22 May, Mr Mwangi was released at the Kenya-Tanzania border, exhibiting signs of severe torture and requiring immediate medical attention. Ms Atuhaire was released at Uganda’s Mutukula border post on the same day, also showing signs consistent with torture and ill-treatment and in need of urgent medical care.

Violations of legal standards

• These actions contravene multiple legal frameworks including the Constitution of Tanzania, which guarantees the right to a fair hearing (Article 6 and Article 13), including prompt notification of reasons for arrest and access to legal representation. The incommunicado detention of Ms Atuhaire and Mr Mwangi violated these constitutional protections.
• The African Charter on Human and Peoples’ Rights prohibits arbitrary arrest and detention.
• The UN International Covenant on Civil and Political Rights requires detained persons to be informed of the reasons for their arrest and promptly brought before a judicial authority.
• Principle 7 of the UN Basic Principles on the Role of Lawyers emphasise prompt access to legal counsel. Furthermore, the treatment of Ms Atuhaire constitutes a violation of Principle 16, which obliges authorities to ensure lawyers are not subjected to arbitrary arrest or detention, and Principle 17, which affirms that lawyers arrested or detained shall have prompt access to a lawyer of their choosing and be afforded the same guarantees as other citizens under international human rights law.
• The denial of these rights to Ms Atuhaire and Mr Mwangi constitutes a breach of international norms.
• Furthermore, under the East African Community Treaty, Articles 6(d) and 7(2) mandate member states to uphold good governance, human rights, and the rule of law. The treatment of Mr Mwangi and Ms Atuhaire further undermines these obligations.

This incident is indicative of a broader pattern of repression in the region, a crackdown intensifying as elections draw nearer:

• In Uganda, human rights lawyer Eron Kiiza was prevented from attending a hearing in his client’s case and assaulted, arrested and sentenced to nine months in prison by a military court without due process on the same day, 7 January 2025, for ‘contempt of court’. His detention has been condemned by multiple human rights organisations, including Amnesty International and the Centre for Human Rights at the University of Pretoria.
• Justice Esther Kisaakye, a former Ugandan Supreme Court judge, has faced ongoing harassment and disciplinary proceedings following her dissenting judgment in a 2021 presidential election petition. These actions have led to her effective exile from the country and raised serious concerns about judicial independence in Uganda.
• In Kenya, former Chief Justice Willy Mutunga, and former Justice Minister and opposition leader Martha Karua, were previously deported from Tanzania on 18 May 2025 while attempting to observe legal proceedings, highlighting a regional trend of restricting civic engagement and oversight.

Recommendations

We call on the Tanzanian government to:

1. Conduct an immediate and transparent investigation into the detention and alleged torture of Mr Mwangi and Ms Atuhaire, holding those responsible accountable.
2. Ensure both activists receive comprehensive medical care and support for their recovery.
3. Provide a full account of the circumstances surrounding their detention and deportation, including the denial of access to legal counsel.
4. Uphold its obligations under national, regional and international law to protect human rights and the rule of law.
5. Cease the targeting of human rights defenders and legal professionals, ensuring a safe and enabling environment for civic engagement.
6. We urge the international community, including the African Union and UN, to monitor the situation closely and support efforts to uphold human rights and democratic principles in East Africa.