Wakilii

Abason Richard and Another v Attorney General [2016] UGHRC 67

Tribunal · 2016 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before the Uganda Human Rights Commission Tribunal seeking compensation for alleged violations of the right to freedom from torture and the right to life by a UPDF soldier
Decision
Complaint allowed with compensation awarded to both complainants for human rights violations by a UPDF soldier

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that a UPDF soldier, Adiga Vincent, unlawfully shot and injured Abason Richard and killed Mawa Charles while off-duty in Yumbe town. The shooting violated Abason Richard's right to freedom from cruel, inhuman or degrading treatment under Article 24 of the Constitution and Mawa Charles's right to life under Article 22(1). The Attorney General was held vicariously liable for the soldier's actions. The Tribunal awarded UGX 15,000,000 to Abason Richard for the torture violation and UGX 25,000,000 to the estate of Mawa Charles for the right to life violation, plus 10% interest per annum from the date of judgment.

Outcome

Complaint allowed with compensation awarded to both complainants for human rights violations by a UPDF soldier

Facts

On 8 February 2011 at around 10:15 pm in Yumbe town council, Abason Richard and Mawa Charles were shot by Adiga Vincent, a UPDF soldier from Yumbe barracks. Earlier that evening, Mawa Charles had informed his father Alaru Jamal that Adiga had threatened to shoot him. The commander was notified and sent two soldiers to find Adiga, but he could not be located. Shortly thereafter, gunshots were heard. Abason Richard was shot in the stomach and Mawa Charles was also shot. Both were taken to Yumbe hospital by the DPC and then referred to Arua Hospital. Mawa Charles died after one day in Arua Hospital on 9 February 2011. Abason Richard underwent surgery and was hospitalized for two weeks, sustaining grievous harm. Adiga Vincent was found dead at the scene with a bullet wound to the neck and a gun beside his body. Mawa Charles was 25 years old and left behind a wife and two children aged 2 and 5 years.

Issues

  1. Whether Abason Richard's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by the respondent's agents.
  2. Whether Charles Mawa's right to life was violated by the respondent's agents or servants.
  3. Whether the complainants are entitled to any remedy.

Orders

  • Complaint allowed.
  • Respondent ordered to pay Abason Richard general damages of UGX 15,000,000 for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Respondent ordered to pay the administrator of the estate of Mawa Charles UGX 25,000,000 as compensation for violation of his right to life.
  • Interest at the rate of 10% per annum to be paid on the total sum of UGX 40,000,000 calculated from the date of this decision until payment in full.
  • Each party to bear their own costs.

Rules and key headnotes

Human Rights — Torture and Cruel, Inhuman or Degrading Treatment — Definition and Elements — UN Convention Against Torture
Torture under the UN Convention Against Torture 1984 requires three essential elements: (i) the infliction of severe mental or physical pain or suffering, (ii) by or with the consent or acquiescence of state authorities, and (iii) for a specific purpose such as gaining information, punishment or intimidation.
Human Rights — Right to Freedom from Torture — Shooting by State Agent — Vicarious Liability
Where a UPDF soldier shoots and severely injures a civilian causing grievous harm, the act constitutes a violation of the right to freedom from cruel, inhuman or degrading treatment under Article 24 of the Constitution, and the Attorney General is vicariously liable for the soldier's actions.
Human Rights — Right to Life — Unlawful Killing by State Agent — Vicarious Liability
The government, represented by the Attorney General, is vicariously liable for the unlawful killing of a civilian by a UPDF soldier where the soldier used a gun ordinarily used in the course of duty and breached the constitutional duty under Article 209(c) to foster harmony between the defence forces and civilians.
Constitutional Law — Non-Derogable Rights — Freedom from Torture — Seriousness of Violation
Freedom from torture is a non-derogable right under Article 44 of the Constitution, and its violation is always considered a deliberate and serious breach of a fundamental right guaranteed absolutely by the Constitution.
Damages & Quantum — General Damages — Violation of Right to Freedom from Torture — Assessment
Where a complainant is shot in the stomach by a state agent, sustains grievous harm requiring surgery and hospitalization for two weeks, an award of UGX 15,000,000 is reasonable compensation for violation of the right to freedom from cruel, inhuman or degrading treatment.
Damages & Quantum — Compensation for Violation of Right to Life — Assessment — Dependants
Where a young man aged 25 years is unlawfully killed by a state agent, leaving behind a wife and two minor children aged 2 and 5 years, an award of UGX 25,000,000 is reasonable compensation to the victim's family for deprivation of the right to life.

Legislation cited (12)

Cases cited (3)

  • Olupot Stephen and AG UHRR [2003-2007] 1
  • Okello Dickson and Others v Attorney General (Complaint No. UHRC/GLU/326/2003)
  • Katantazi Wilson v Attorney General (Complaint No. UHRC 57 of 2004)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Abason Richard and Another v Attorney General 2016 UGHRC 67 (8 December 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.