The 41year-old Judith Hellen Baliraine, a social worker and resident of Bukwale Cell, Nakanonyi Zone in Bugembe Town Council, Jinja City, will spend this year’s festive season in the cold jail of Kirinya Prison, courtesy of the heavy allegation of aggravated child torture slapped against her.
Judith Hellen Baliraine’s name rattled the internet over the weekend not for the good news but rather after it emerged that she had for months tortured to near-death an 8-year-old Catherine Kisakye
She was on Monday 16th December, 2024 produced before the Jinja Grade One Magistrate, His Worship Yafesi Ochieng who did not waste time but simply pushed her to the water-logged Kirinya Prison until 6th January,2025 when she will most likely be committed to the High Court.
Judith Hellen Baliraine’s case is a serious one, as aggravated torture is considered a capital offence in Uganda.
Given that she has been remanded, it’s likely she will spend several months awaiting her committal to the High Court.
This is going to be a challenging time from her loved ones, including her husband who is a teacher at Jinja College, a reputable boys’ secondary school founded by the Catholic Church under Jinja Diocese which covers the entire traditional Busoga.
It’s reported that Hellen Judith Baliraine, an employee at Kakira Sugar Ltd, had taken in Catherine from a poor family under the guise of educating and improving her living standards.
However, reports emerged of Catherine Kisakye’s deteriorating condition, which was exposed by health workers at Bugembe Health Centre IV, which led to Judith Hellen Baliraine’s arrest.
The area LC1 chairman Joel Ntuyo angrily described Judith Hellen Baliraine as ‘the usual suspect’ as far as torture of children is concerned.
“…we have handled many cases where she convinces young children from poor families to come to her home for support and care, but all have always ended in painful tears…”, Ntuyo lamented.
The details of Catherine’s(victim) case are extremely disturbing and alarming.
The fact that health experts and detectives were shocked by the severity of her injuries speaks to the extreme nature of the abuse she suffered.
The allegations against Judith Hellen Baliraine are particularly disturbing, as they involve physical violence, restraint, and neglect.
Tying someone up more so a minor with a rope and beating her is a form of torture, and the fact that Judith Hellen Baliraine involved one of her sons in this abuse is even more troubling
Locking the tender age girl in the house and leaving her without food, water, or proper care is a form of neglect and abandonment.
It’s appalling that someone (a mother as she is) would treat another human being in such a cruel and inhumane manner.
It is essential that Catherine receives proper medical attention, counselling, and support from this traumatic experience.
Thankfully, Upendo Children’s Ministry based in Bugembe Town Council has taken up the care of this unfortunate little angel.
Child rights activists and leaders want Judith Hellen Baliraine to be held accountable for her actions and that the justice system ensures she faces the consequences of her alleged crime.
In Uganda, capital offences like aggravated child torture are typically handled by the High Court, which has the jurisdiction to hear such cases.
The court process can be lengthy, involving multiple hearings and adjournments before a verdict is reached.
What You Need To Know:
Violence is defined under article 19 of the Convention on the Rights of Children to mean all forms of physical or mental violence, injury and abuse, neglect or neglect treatment, maltreatment or exploitation, including sexual abuse.
Violence against children physical, psychological, and mental violence, and sexual violence. Violence against children in Uganda is at a rising scale. Reports of cruel and humiliating punishment, abandonment, sexual abuse, and all other forms of violence are seen every day.
Under article 21 of Uganda’s Constitution, all persons are equal before and under the law in all spheres of political, economic, social, and cultural life and shall enjoy equal protection of the law.
Children are therefore entitled to the enjoyment of equal human rights enshrined both under the international instruments as well as domestic statutes.
Internationally, Uganda is signatory to a number of international instruments which include; the International Convention on Economic, Social and Cultural Rights, 1966, the Convention on the Elimination of All Forms of Discrimination against Women,1979, the Convention on the Rights of the Child among others, 1990.
In Uganda, there are a number of laws enacted by parliament intended to fight violence against children.
These include the 1995 Constitution of the Republic of Uganda as amended, the Children Act 1998, the Children (Amendment) Act of 2016, the Domestic Violence Act, 2020, Prevention of Torture Act,2012, Prevention of Female Genital Mutilation Act, 2010, Trafficking in Person Act, 2009, Penal Code Act Cap 120, among others.
The Convention on the Rights of Children sets out legally binding standards on state parties in relation to the rights of children.
The convention clearly emphasizes that children are holders of human rights.
The Convention, therefore, provides a framework and standards that should dictate all the laws, policies, and practices of states in the protection and promotion of the rights of children.
Article 19 of the Convention on the Rights of Children requires states to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury, abuse, neglect, neglect treatment, maltreatment or exploitation including sexual abuse, while in the care of the parents, legal guardian or any other person who has the care of the child.
The 1995 Constitution of Uganda is the supreme law of the land.
It contains particular provisions intended to fiviolentence persons, including children.
Article 34 of the Constitution provides for the rights of children.
Under the article, children have a right to know and be cared for by their parents or those entitled by law to bring them up, they have a right to education at the expense of the state and the parents, and they are entitled to be protected from social or economic exploitation.
In Uganda’s law books, torture refers to any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official capacity or private capacity
A person who commits the offence of torture commits an offence and on conviction is liable to imprisonment for fifteen years or a fine of three hundred and sixty currency points, which translates7,200,000 Uganda shillings.
Where there are aggravating circumstances, the offender (like is the case with suspect Judith Hellen Baliraine) is liable to conviction to imprisonment for life.
The Children Act (1998) under section 3 provides for the welfare and guiding principles regarding all matters in which children are involved.
The welfare of the child is the paramount or primary consideration while determining matters related to them.
The Act has in place several provisions intended to curb violence against children, as seen below:
The Children Act, Chapter 59, Section 3 also provides for the protection of children from torture, cruel, inhuman, or degrading treatment.
If convicted, Judith Hellen Baliraine faces severe penalties, including life imprisonment. The magistrate, Yafesi Ochieng, denied her the opportunity to enter a plea and remanded her to Kirinya Prison until January 6, 2025, when she will likely be committed to the High Court.
The community has expressed outrage over the incident, with the area LC chairman Joel Ntuyo, who describes Baliraine as a “hypocrite,” says she has a history of brutalizing vulnerable children.
The case has sparked widespread condemnation, and detectives at CPS Jinja are gathering more evidence to ensure that Baliraine faces justice.
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