[2017] UGHRC 18

[2017] UGHRC 18

The Tribunal found, on a balance of probabilities, that the complainant's right to freedom from torture, cruel, inhuman or degrading treatment was violated by police officers acting as agents of the respondent. The complainant was subjected to physical torture by being beaten and tied 'kandoya' style, resulting in paralysis and lasting injury. The respondent failed to provide any explanation or rebuttal to the evidence. The State is vicariously liable for the acts of its servants committed in the course of employment. The complainant is entitled to compensation for the violation of his constitutional rights, and the Tribunal awarded UGX 8,000,000 as adequate compensation, with interest at...

Citation
[2017] UGHRC 18
Parties
Complainant: Opedo James; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
14 November 2017
Case Number
UHRC/SRT/02/2006
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint_allowed
Judges
Meddie Mulumba - Commissioner
Legal Topics
Freedom From Torture, Vicarious Liability, Compensation for Human Rights Violation
Source Language
English
Constitutional Law Civil Procedure Freedom From Torture Vicarious Liability Compensation for Human Rights Violation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Opedo James

Complainant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the complainant's right to freedom from torture, cruel, inhuman or degrading treatment was violated by the respondent's agents.
  2. 2 Whether the complainant is entitled to any remedies.

Ratio Decidendi

The Tribunal found, on a balance of probabilities, that the complainant's right to freedom from torture, cruel, inhuman or degrading treatment was violated by police officers acting as agents of the respondent. The complainant was subjected to physical torture by being beaten and tied 'kandoya' style, resulting in paralysis and lasting injury. The respondent failed to provide any explanation or rebuttal to the evidence. The State is vicariously liable for the acts of its servants committed in the course of employment. The complainant is entitled to compensation for the violation of his constitutional rights, and the Tribunal awarded UGX 8,000,000 as adequate compensation, with interest at...

Court Disposition

complaint_allowed

Orders

  • The complaint is allowed.
  • The respondent is ordered to pay the complainant UGX 8,000,000 as compensation for violation of his right to freedom from torture, cruel and degrading inhuman or degrading treatment.