[2016] UGHRC 21

[2016] UGHRC 21

The Tribunal found, on the balance of probabilities, that the Complainant was subjected to torture, cruel, inhuman or degrading treatment by VCCU agents and police officers at Mbale Central Police Station. The evidence of physical harm was corroborated by witnesses, and the state failed to provide a plausible explanation for the injuries sustained while the Complainant was in custody. The right to freedom from torture is absolute under Ugandan law and international instruments. However, the Tribunal found insufficient evidence to prove that the Complainant was detained for more than 48 hours without being brought to court, and thus did not find a violation of his right to personal...

Citation
[2016] UGHRC 21
Parties
Applicant: Wodada Gerald; Respondent: Attorney General
Court
Uganda Human Rights Commission
Jurisdiction
Uganda
Judgment Date
1 December 2016
Case Number
Complaint No. SRT/60/2007
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
partially_allowed
Judges
Hon. (RTD) Justice Gideon Tinyinondi - Commissioner
Legal Topics
Freedom From Torture, Vicarious Liability, Compensation for Rights Violation, Personal Liberty, Police Misconduct
Source Language
English
Constitutional Law Tort Law Freedom From Torture Vicarious Liability Compensation for Rights Violation Personal Liberty Police Misconduct

Case Brief

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Parties

Wodada Gerald

Applicant

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 the Respondent's agents/servants.
  2. 2 Whether the Complainant's right to personal liberty was violated by Respondent's agents/servants.
  3. 3 Whether the Respondent is liable for the violations.

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the Complainant was subjected to torture, cruel, inhuman or degrading treatment by VCCU agents and police officers at Mbale Central Police Station. The evidence of physical harm was corroborated by witnesses, and the state failed to provide a plausible explanation for the injuries sustained while the Complainant was in custody. The right to freedom from torture is absolute under Ugandan law and international instruments. However, the Tribunal found insufficient evidence to prove that the Complainant was detained for more than 48 hours without being brought to court, and thus did not find a violation of his right to personal...

Court Disposition

partially_allowed

Orders

  • The Attorney General is ordered to pay the Complainant, Wodada Gerald, UGX 3,000,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment by State agents.
  • The awarded amount will carry interest at court rate from the date of this decision until payment in full.