[2016] UGHRC 30

[2016] UGHRC 30

The tribunal found that the UPDF soldiers, acting as agents of the state, unlawfully arrested, tortured, and fatally injured Lokee Phillip Lokolimeri. The evidence from the applicant and witnesses established that the deceased was subjected to severe beatings, resulting in extensive injuries and subsequent death. The respondent failed to provide any explanation or rebuttal. The tribunal held that the actions of the soldiers were deliberate, malicious, and unlawful, amounting to a violation of the right to life protected under Article 22(1) of the Constitution. The state, through the respondent, was found vicariously liable for the acts of its agents. The tribunal further held that the...

Citation
[2016] UGHRC 30
Parties
Applicant: Apuun Paul; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
2 May 2016
Case Number
Complaint MRT/11/2008
Procedural Posture
Human Rights Complaint / Decision
Outcome
complaint allowed
Judges
Violet Akurut Adome - Commissioner
Legal Topics
Right to Life, Vicarious Liability, State Responsibility, Compensation for Human Rights Violations
Source Language
English
Constitutional Law Tort Law Right to Life Vicarious Liability State Responsibility Compensation for Human Rights Violations

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Parties

Apuun Paul

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Decision

Legal Issues

  1. 1 Whether the respondent's servants violated Lokee Phillip Lokolimeri's right to life.
  2. 2 Whether the late Lokee Phillip Lokolimeri's family is entitled to compensation.

Ratio Decidendi

The tribunal found that the UPDF soldiers, acting as agents of the state, unlawfully arrested, tortured, and fatally injured Lokee Phillip Lokolimeri. The evidence from the applicant and witnesses established that the deceased was subjected to severe beatings, resulting in extensive injuries and subsequent death. The respondent failed to provide any explanation or rebuttal. The tribunal held that the actions of the soldiers were deliberate, malicious, and unlawful, amounting to a violation of the right to life protected under Article 22(1) of the Constitution. The state, through the respondent, was found vicariously liable for the acts of its agents. The tribunal further held that the...

Court Disposition

complaint allowed

Orders

  • The respondent is ordered to pay the complainant a sum of UGX 10,000,000 as general damages for violation of Lokee Phillip Lokolimeri's right to life, after obtaining letters of administration.
  • The awarded sum will carry interest at court rate from the date of the decision until payment in full.