[2017] UGHRC 24

[2017] UGHRC 24

The Tribunal found that the deceased, Lowiny Lokwakou, was unlawfully shot and killed by UPDF soldiers acting as agents of the Respondent while he was unarmed and in their custody. The evidence, including the letter from the Brigade Commander and eyewitness testimony, established that the deceased's death was caused by the Respondent's agents and did not fall within the lawful exceptions under Article 22(1) of the Constitution. The Tribunal rejected the respondent's argument that the deceased's alleged criminal conduct justified the killing, emphasizing that human rights are inalienable and that security forces are obligated to respect them. The Tribunal held the Attorney General...

Citation
[2017] UGHRC 24
Parties
Applicant: Acwany Lily; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
16 October 2017
Case Number
Complaint No: UHRC/MRT/O18/2009
Procedural Posture
Human Rights Complaint / Reviewed Decision After Application for Review
Outcome
Complaint allowed; Respondent found liable for violation of right to life; compensation awarded.
Judges
Meddie Mulumba - Commissioner
Legal Topics
Right to Life, Vicarious Liability, Compensation for Human Rights Violation, State Liability
Source Language
English
Constitutional Law Civil Procedure Right to Life Vicarious Liability Compensation for Human Rights Violation State Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Acwany Lily

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Reviewed Decision After Application for Review

Legal Issues

  1. 1 Whether Lowiny Lokwakou's right to life was violated by the Respondent's agents.
  2. 2 Whether the victim's right to property was violated.
  3. 3 Whether the Respondent (Attorney General) is liable for the violation of the victim's right to life.

Ratio Decidendi

The Tribunal found that the deceased, Lowiny Lokwakou, was unlawfully shot and killed by UPDF soldiers acting as agents of the Respondent while he was unarmed and in their custody. The evidence, including the letter from the Brigade Commander and eyewitness testimony, established that the deceased's death was caused by the Respondent's agents and did not fall within the lawful exceptions under Article 22(1) of the Constitution. The Tribunal rejected the respondent's argument that the deceased's alleged criminal conduct justified the killing, emphasizing that human rights are inalienable and that security forces are obligated to respect them. The Tribunal held the Attorney General...

Court Disposition

Complaint allowed; Respondent found liable for violation of right to life; compensation awarded.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the estate of the Late Lowiny Lokwakou UGX 30,000,000 as general damages for violation of right to life.