[2016] UGHRC 23

[2016] UGHRC 23

The Tribunal found that the Complainant was arrested and detained by UPDF soldiers for five days without being brought before a court, and was subjected to beatings and degrading treatment. The evidence of torture and unlawful detention was corroborated by witnesses and medical examination. The Respondent failed to justify the arrest and detention or to contradict the evidence. The Tribunal held that these actions violated the Complainant's constitutional rights to protection from torture and to personal liberty. The Respondent, as principal, was vicariously liable for the acts of its agents. The Complainant was entitled to compensation under Article 53(2)(b) of the Constitution, and the...

Citation
[2016] UGHRC 23
Parties
Applicant: Odingar Moses; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
13 September 2016
Case Number
Complaint No. SRT/58/2006
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint_allowed
Judges
Hon. (RTD) Justice Gideon Tinyinondi - Commissioner
Legal Topics
Freedom From Torture, Personal Liberty, Vicarious Liability, False Imprisonment
Source Language
English
Constitutional Law Tort Law Freedom From Torture Personal Liberty Vicarious Liability False Imprisonment

Case Brief

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Parties

Odingar Moses

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the Respondent's agents violated the Complainant's right to protection from torture, cruel, inhuman and degrading treatment.
  2. 2 Whether the Respondent's agents violated the Complainant's right to personal liberty.
  3. 3 Whether the Complainant is entitled to compensation.

Ratio Decidendi

The Tribunal found that the Complainant was arrested and detained by UPDF soldiers for five days without being brought before a court, and was subjected to beatings and degrading treatment. The evidence of torture and unlawful detention was corroborated by witnesses and medical examination. The Respondent failed to justify the arrest and detention or to contradict the evidence. The Tribunal held that these actions violated the Complainant's constitutional rights to protection from torture and to personal liberty. The Respondent, as principal, was vicariously liable for the acts of its agents. The Complainant was entitled to compensation under Article 53(2)(b) of the Constitution, and the...

Court Disposition

complaint_allowed

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay the Complainant a total sum of U. Shs6,000,000 as general damages for violation of his right to protection from torture, cruel, inhuman and degrading treatment and his right to personal liberty.