[2017] UGHRC 13

[2017] UGHRC 13

The Tribunal found, on a balance of probabilities, that the complainant was arrested and detained by State agents, during which time he was severely beaten, resulting in grievous bodily harm and ongoing pain. The evidence from the complainant, his witnesses, and medical expert corroborated the occurrence and severity of the assault while in State custody. The respondent failed to provide any plausible alternative explanation for the injuries sustained by the complainant. The Tribunal held that the acts constituted torture or cruel, inhuman or degrading treatment or punishment, in violation of the complainant's absolute constitutional right. Furthermore, the complainant was detained for...

Citation
[2017] UGHRC 13
Parties
Complainant: Ekau Samuel; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
7 December 2017
Case Number
Complaint No. SRT/36/2009
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint_allowed
Judges
Dr. Katebalirwe Amooti Wa Irumba - Commissioner
Legal Topics
Torture and Inhuman Treatment, Personal Liberty, Vicarious Liability, Compensation for Rights Violation
Source Language
English
Constitutional Law Tort Law Torture and Inhuman Treatment Personal Liberty Vicarious Liability Compensation for Rights Violation

Case Brief

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Parties

Ekau Samuel

Complainant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

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

Ratio Decidendi

The Tribunal found, on a balance of probabilities, that the complainant was arrested and detained by State agents, during which time he was severely beaten, resulting in grievous bodily harm and ongoing pain. The evidence from the complainant, his witnesses, and medical expert corroborated the occurrence and severity of the assault while in State custody. The respondent failed to provide any plausible alternative explanation for the injuries sustained by the complainant. The Tribunal held that the acts constituted torture or cruel, inhuman or degrading treatment or punishment, in violation of the complainant's absolute constitutional right. Furthermore, the complainant was detained for...

Court Disposition

complaint_allowed

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the Complainant, Ekau Samuel, a sum of UGX 10,000,000 as compensation for the violation of his right to freedom from torture or cruel, inhuman and degrading punishment or treatment.