[2019] UGHRC 24

[2019] UGHRC 24

The tribunal found, on the balance of probabilities, that the complainant was assaulted and suffered severe physical and psychological pain at the hands of police officers acting in their official capacity. Despite the exclusion of the medical report authored by a dispenser, the complainant's testimony and corroborating witness evidence were sufficient to establish the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment. The Attorney General was held vicariously liable for the actions of the police officers, as the wrongful acts occurred during the execution of their official duties. The tribunal further determined that the complainant was...

Citation
[2019] UGHRC 24
Parties
Complainant: Otim George; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
5 August 2019
Case Number
Complaint No: UHRC/ SRT/01/2009
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
complaint allowed
Judges
Dr. Katebalirwe Amooti Wa Irumba - Commissioner
Legal Topics
Freedom From Torture, State Agent Liability, Compensation for Rights Violation, Vicarious Liability, Remedies for Human Rights Violation
Source Language
English
Constitutional Law Criminal Law Freedom From Torture State Agent Liability Compensation for Rights Violation Vicarious Liability Remedies for Human Rights Violation

Case Brief

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Parties

Otim George

Complainant

Attorney General

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether the complainant'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 complainant is entitled to any remedy.

Ratio Decidendi

The tribunal found, on the balance of probabilities, that the complainant was assaulted and suffered severe physical and psychological pain at the hands of police officers acting in their official capacity. Despite the exclusion of the medical report authored by a dispenser, the complainant's testimony and corroborating witness evidence were sufficient to establish the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment. The Attorney General was held vicariously liable for the actions of the police officers, as the wrongful acts occurred during the execution of their official duties. The tribunal further determined that the complainant was...

Court Disposition

complaint allowed

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay Otim George UGX 7,500,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.