[2019] UGHRC 26

[2019] UGHRC 26

The Tribunal found that the applicant was detained for 49 days, with 47 days constituting illegal detention beyond the constitutional limit of 48 hours, violating his right to personal liberty. The applicant was also subjected to torture and cruel, inhuman or degrading treatment by State agents, as corroborated by witness testimony and consistent with the definition under international and domestic law. The respondent, as the representative of the State, is vicariously liable for these violations. The Tribunal applied relevant precedents to assess compensation, adjusting for the current value of money and the seriousness of the violations, especially the non-derogable right to freedom...

Citation
[2019] UGHRC 26
Parties
Applicant: Businge John; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
1 April 2019
Case Number
Complaint No: UHRC/FPT/45/2011
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint allowed
Judges
Dr. Katebalirwe Amooti Wa Irumba - Commissioner
Legal Topics
Torture and Cruel Inhuman Treatment, Illegal Detention, Vicarious Liability, Compensation for Rights Violation
Source Language
English
Constitutional Law Criminal Law Torture and Cruel Inhuman Treatment Illegal Detention Vicarious Liability Compensation for Rights Violation

Case Brief

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Parties

Businge John

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the applicant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents.
  2. 2 Whether the applicant's right to personal liberty was violated by State agents.
  3. 3 Whether the respondent is liable for the violations.

Ratio Decidendi

The Tribunal found that the applicant was detained for 49 days, with 47 days constituting illegal detention beyond the constitutional limit of 48 hours, violating his right to personal liberty. The applicant was also subjected to torture and cruel, inhuman or degrading treatment by State agents, as corroborated by witness testimony and consistent with the definition under international and domestic law. The respondent, as the representative of the State, is vicariously liable for these violations. The Tribunal applied relevant precedents to assess compensation, adjusting for the current value of money and the seriousness of the violations, especially the non-derogable right to freedom...

Court Disposition

complaint allowed

Orders

  • The complaint is wholly allowed.
  • The respondent is ordered to pay the applicant a total sum of UGX 19,000,000, broken down as UGX 14,000,000 for violation of personal liberty and UGX 5,000,000 for violation of freedom from torture or cruel, inhuman or degrading treatment or punishment.