[2017] UGHRC 15

[2017] UGHRC 15

The tribunal found that the applicant was arrested by police officers attached to Kamuda Police Post, beaten by the Officer in Charge and other officers, and detained for three days without being informed of the reason for his arrest. The evidence of the applicant and his witnesses, including medical evidence from Soroti Regional Referral Hospital, established that the applicant sustained bodily injuries as a result of the assault. The tribunal rejected the respondent's challenge to the authenticity of the medical report, noting it was certified by the hospital director and admitted with the respondent's consent. The tribunal held that the acts of the police officers constituted torture...

Citation
[2017] UGHRC 15
Parties
Applicant: Eyangu Raphael; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
7 December 2017
Case Number
UHRC/SRT/231/2007
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint allowed
Judges
Dr. Katebalirwe Amooti Wa Irumba - Commissioner
Legal Topics
Freedom From Torture, Vicarious Liability, Compensation for Human Rights Violation, State Responsibility
Source Language
English
Constitutional Law Tort Law Freedom From Torture Vicarious Liability Compensation for Human Rights Violation State Responsibility

Case Brief

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Parties

Eyangu Raphael

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the applicant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by state agents.
  2. 2 Whether the respondent is liable for the violation.
  3. 3 Whether the applicant is entitled to any remedies.

Ratio Decidendi

The tribunal found that the applicant was arrested by police officers attached to Kamuda Police Post, beaten by the Officer in Charge and other officers, and detained for three days without being informed of the reason for his arrest. The evidence of the applicant and his witnesses, including medical evidence from Soroti Regional Referral Hospital, established that the applicant sustained bodily injuries as a result of the assault. The tribunal rejected the respondent's challenge to the authenticity of the medical report, noting it was certified by the hospital director and admitted with the respondent's consent. The tribunal held that the acts of the police officers constituted torture...

Court Disposition

complaint allowed

Orders

  • The complaint is allowed.
  • The respondent is ordered to pay the applicant, Eyangu Raphael, Ug. Shs. 8,000,000 as compensation for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.