[2019] UGHRC 3

[2019] UGHRC 3

The Tribunal found that the Complainant was detained for 13 days, with only 2 days being lawful under Article 23(4)(b) of the Constitution. The remaining 11 days constituted unlawful detention, violating the Complainant's right to personal liberty. The Respondent's agents acted in the course of their employment, making the Attorney General vicariously liable for the violation. The Complainant was entitled to compensation for the infringement of his constitutional rights, and the Tribunal awarded general damages accordingly.

Citation
[2019] UGHRC 3
Parties
Applicant: Birungi Thomas; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
28 October 2019
Case Number
Complaint UHRC 13 of 2014
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint allowed
Judges
Meddie Mulumba - Commissioner
Legal Topics
Personal Liberty, Unlawful Detention, Vicarious Liability, Compensation for Rights Violation
Source Language
English
Constitutional Law Civil Procedure Personal Liberty Unlawful Detention Vicarious Liability Compensation for Rights Violation

Case Brief

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Parties

Birungi Thomas

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the Complainant's right to personal liberty was violated by the Respondent's agents.
  2. 2 Whether the Respondent is vicariously liable for the acts of its agents.
  3. 3 Whether there are any remedies available to the Complainant.

Ratio Decidendi

The Tribunal found that the Complainant was detained for 13 days, with only 2 days being lawful under Article 23(4)(b) of the Constitution. The remaining 11 days constituted unlawful detention, violating the Complainant's right to personal liberty. The Respondent's agents acted in the course of their employment, making the Attorney General vicariously liable for the violation. The Complainant was entitled to compensation for the infringement of his constitutional rights, and the Tribunal awarded general damages accordingly.

Court Disposition

complaint allowed

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the Complainant a sum of UGX 2,200,000 as compensation for the violation of his right to personal liberty as protected under Article 23(4)(b) of the Constitution.