[2017] UGHRC 17

[2017] UGHRC 17

The Tribunal found that the Complainant was arrested by police officers, tied 'kandoya' style, and left in the custody of Chinese nationals who severely beat him. The police officers' actions and omissions, including facilitating and acquiescing to the torture, constituted a violation of the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment under Articles 24 and 44 of the Constitution. The Tribunal held that the government, represented by the Attorney General, is vicariously liable for the acts of its agents committed in the course of their employment, regardless of whether the acts were unauthorized or unlawful. The evidence did not...

Citation
[2017] UGHRC 17
Parties
Complainant: Emudu Charles; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
14 November 2017
Case Number
Complaint No. UHRC/SRT/98/2008
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint allowed in part
Judges
Meddie Mulumba - Commissioner
Legal Topics
Freedom From Torture, Vicarious Liability, Right to Property, Compensation for Human Rights Violations
Source Language
English
Constitutional Law Tort Law Freedom From Torture Vicarious Liability Right to Property Compensation for Human Rights Violations

Case Brief

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Parties

Emudu Charles

Complainant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the Respondent's agents/servants violated the Complainant's right to protection from torture or cruel, inhuman or degrading treatment or punishment.
  2. 2 Whether the Complainant's right to property was violated by the Respondent's agents.
  3. 3 Whether the Respondent (Attorney General) is liable for the violations.

Ratio Decidendi

The Tribunal found that the Complainant was arrested by police officers, tied 'kandoya' style, and left in the custody of Chinese nationals who severely beat him. The police officers' actions and omissions, including facilitating and acquiescing to the torture, constituted a violation of the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment under Articles 24 and 44 of the Constitution. The Tribunal held that the government, represented by the Attorney General, is vicariously liable for the acts of its agents committed in the course of their employment, regardless of whether the acts were unauthorized or unlawful. The evidence did not...

Court Disposition

complaint allowed in part

Orders

  • The Attorney General shall pay the Complainant UGX 5,000,000 as compensation for violation of the right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The compensation amount shall carry interest at 10% per annum from the date of the decision until payment in full.