[2017] UGHRC 23

[2017] UGHRC 23

The tribunal found that the applicant was subjected to torture and cruel, inhuman or degrading treatment by police officers acting in their official capacity, violating his non-derogable constitutional rights. The applicant was unlawfully detained for five days without being charged or brought before a court, further violating his right to personal liberty. The respondent, as the employer of the police officers, is vicariously liable for these violations. The applicant's evidence was uncontested and corroborated by witnesses and documentary evidence. The tribunal awarded compensation based on the severity of the violations, previous awards in similar cases, and the depreciation of...

Citation
[2017] UGHRC 23
Parties
Applicant: Kato Clovice; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
14 November 2017
Case Number
compliant no.39/2009
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint_allowed
Judges
Dr. Katebalirwe Amooti Wa Irumba - Commissioner
Legal Topics
Torture and Cruel Inhuman Treatment, Unlawful Detention, Vicarious Liability, Compensation for Human Rights Violation
Source Language
English
Constitutional Law Civil Procedure Torture and Cruel Inhuman Treatment Unlawful Detention Vicarious Liability Compensation for Human Rights Violation

Case Brief

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Parties

Kato Clovice

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the Complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated.
  2. 2 Whether the Complainant's right to personal liberty was violated.
  3. 3 Whether the Respondent is vicariously liable for the actions of police officers.

Ratio Decidendi

The tribunal found that the applicant was subjected to torture and cruel, inhuman or degrading treatment by police officers acting in their official capacity, violating his non-derogable constitutional rights. The applicant was unlawfully detained for five days without being charged or brought before a court, further violating his right to personal liberty. The respondent, as the employer of the police officers, is vicariously liable for these violations. The applicant's evidence was uncontested and corroborated by witnesses and documentary evidence. The tribunal awarded compensation based on the severity of the violations, previous awards in similar cases, and the depreciation of...

Court Disposition

complaint_allowed

Orders

  • The Respondent is ordered to pay the Complainant Kato Clovice a total of Ug. Shs. 13,000,000 for violation of his rights.
  • Interest at the rate of 10% per annum to be paid on the total sum of Ug. Shs. 13,000,000 calculated from the date of decision until payment in full.