Wakilii

Achedu Peter and 5 Others v Uganda [2024] UGHRC 10

Tribunal · 2024 Complaint Partly 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 alleging violation of rights to personal liberty and freedom from torture
Decision
Five complainants awarded general damages for torture; one complainant's complaint dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police detention of complainants for 17 days to protect them from mob lynching did not violate their right to personal liberty under Article 23(1)(h) of the Constitution and section 24 of the Police Act. However, the Tribunal found that torture of five complainants by UPDF and police officers at Amuria Police Station violated their absolute right to freedom from torture under Article 24 of the Constitution. The respondent was held vicariously liable and ordered to pay general damages.

Outcome

Five complainants awarded general damages for torture; one complainant's complaint dismissed

Facts

In May 2007, UPDF soldier Enau Charles went missing. His sister suspected murder and reported to police. At a joint village meeting on 9 June 2007, community members identified six complainants as suspects. Police arrested them to protect them from mob lynching and detained them at Wera Police Post for two days, then transferred them to Amuria Police Station where they remained until 27 June 2007. During detention at Amuria, five complainants alleged they were severely beaten by two Special Police Constables on orders of UPDF Intelligence Officer Emadu Stephen to compel confessions. Enau Charles later appeared alive. Police released the complainants after educating the community about their rights and diffusing the threat.

Issues

  1. Whether the respondent's agents violated the complainants' right to personal liberty.
  2. Whether the respondent's agents violated the 1st, 2nd, 4th, 5th and 6th complainants' right to freedom from torture, cruel, inhuman and degrading treatment.
  3. Whether the complainants are entitled to any remedy.

Orders

  • The 3rd complainant's (Atim Demeterina) complaint is dismissed.
  • Achedu Peter, Omolo Anthony, Okeju Yafesi, Amuge Janet and Osuku Moses' complaint is allowed in part.
  • The respondent is ordered to pay the 4th complainant, Okeju Yafesi UGX 10,000,000 as general damages for violation of his right to protection from torture, cruel, inhuman and degrading treatment.
  • The respondent is ordered to pay the 1st complainant Achedu Peter UGX 5,000,000 for violation of his right to protection from torture, cruel, inhuman and degrading treatment.
  • The respondent is ordered to pay the 2nd complainant Omolo Anthony UGX 5,000,000 as general damages for violation of his right to protection from torture, cruel, inhuman and degrading treatment.
  • The respondent is ordered to pay the 5th complainant, Amuge Janet, UGX 5,000,000 as general damages for violation of her right to protection from torture, cruel, inhuman and degrading treatment.
  • The respondent is ordered to pay the 6th Complainant Osuku Moses UGX 5,000,000 as general damages for violation of his right to protection from torture, cruel, inhuman and degrading treatment.
  • All the above sums of money will carry interest at 10% per annum until payment in full.

Rules and key headnotes

Personal Liberty — Protective Detention — Police Power to Detain to Prevent Physical Injury
Police may lawfully arrest and detain a person under section 24(1)(b) of the Police Act where they have reasonable cause to believe detention is necessary to prevent that person from suffering physical injury, and such detention does not violate the right to personal liberty under Article 23(1)(h) of the Constitution provided the person is released once the peril or risk of injury has been sufficiently removed.
Torture — Definition and Elements — Vicarious Liability of State
Torture is established where severe pain or suffering, whether physical or mental, is intentionally inflicted on a person to obtain information or a confession, or to punish or intimidate, when such pain is inflicted by or at the instigation of or with the consent or acquiescence of a public official or person acting in an official capacity, and the state is vicariously liable for torture committed by its agents acting in the course of their employment.
Torture — Absolute Right — No Derogation
The right to protection from torture, cruel, inhuman and degrading treatment is an absolute right under Article 44(a) of the Constitution which under no circumstances whatsoever can be taken away.
Torture — Medical Evidence Not Required
It is not a requirement of law that every case of torture must be supported by medical evidence, and the requirement for medical evidence to prove torture has no legal basis.

Legislation cited (10)

Cases cited (1)

  • Paul Wanyoto v Sgt Quino and Attorney General (Court of Appeal Case No. 91 of 2021)

Full judgment

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

Achedu Peter and 5 Others v Uganda 2024 UGHRC 10 (26 June 2024)
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.