[2017] UGHRC 27

[2017] UGHRC 27

The Tribunal found that the Complainant's right to freedom from torture, cruel, inhuman or degrading treatment or punishment was violated by police officers acting as agents of the Respondent. The evidence from witnesses, including direct observation of the beating by uniformed police officers, was sufficient to establish the Respondent's vicarious liability. The Respondent failed to rebut the evidence or show that the acts were committed outside the scope of employment. The Complainant suffered serious physical injuries, was hospitalized, and continues to experience pain and disability. The Tribunal held that the Complainant is entitled to compensation for the violation of his...

Citation
[2017] UGHRC 27
Parties
Applicant: Omwony Gideon; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
8 November 2017
Case Number
Complaint No: UHRC/MRT/046/2008
Procedural Posture
Human Rights Complaint / Decision
Outcome
complaint_allowed
Judges
Meddie Mulumba - Commissioner
Legal Topics
Freedom From Torture, Vicarious Liability, Compensation for Human Rights Violation, Police Brutality
Source Language
English
Constitutional Law Civil Procedure Freedom From Torture Vicarious Liability Compensation for Human Rights Violation Police Brutality

Case Brief

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Parties

Omwony Gideon

Applicant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Decision

Legal Issues

  1. 1 Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated.
  2. 2 Whether the Respondent is liable for the alleged violation.
  3. 3 Whether there is any remedy available to the Complainant.

Ratio Decidendi

The Tribunal found that the Complainant's right to freedom from torture, cruel, inhuman or degrading treatment or punishment was violated by police officers acting as agents of the Respondent. The evidence from witnesses, including direct observation of the beating by uniformed police officers, was sufficient to establish the Respondent's vicarious liability. The Respondent failed to rebut the evidence or show that the acts were committed outside the scope of employment. The Complainant suffered serious physical injuries, was hospitalized, and continues to experience pain and disability. The Tribunal held that the Complainant is entitled to compensation for the violation of his...

Court Disposition

complaint_allowed

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay the Complainant UGX 10,000,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.