Wakilii

Akugizibwe v Attorney General [2022] UGHRC 21

Tribunal · 2022 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 alleging torture and unlawful detention by police officers
Decision
Complaint allowed; complainant awarded UGX 10,000,000 in compensation for torture and unlawful detention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers violated the complainant's constitutional rights by subjecting him to torture through slapping, boxing, kicking, choking, and banging his head against a wall during detention, and by detaining him for one week without bringing him before a court within 48 hours. The Attorney General was held vicariously liable and ordered to pay UGX 10,000,000 in compensation.

Outcome

Complaint allowed; complainant awarded UGX 10,000,000 in compensation for torture and unlawful detention

Facts

On 8 January 2009, Akugizibwe Samson, a security guard, was arrested by police officers from Kaswa Police Post on suspicion of theft of a motorcycle. He was detained without his statement being recorded. While in custody, a police officer identified as ASP Kasaija assaulted him by squeezing his neck, banging his head against a wall, kicking him, and beating him in an attempt to force him to reveal the location of the alleged stolen motorcycle. The assault caused injuries including blood in his right eye. He was detained for one week before being released on police bond on 12 January 2009, exceeding the constitutional 48-hour limit. After release, he sought medical treatment at Fort Portal Regional Referral Hospital and Kyembogo Community Clinic. The respondent did not call any witnesses in defence.

Issues

  1. Whether the complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State Agents.
  2. Whether the complainant's right to personal liberty was violated by State Agents.
  3. Whether the Attorney General is liable.
  4. Whether the complainant is entitled to any remedies.

Orders

  • The complaint is allowed wholly.
  • The Attorney General is ordered to pay the complainant UGX 6,000,000 for the violation of the right of freedom from torture or cruel, inhuman and degrading treatment or punishment.
  • The Attorney General is ordered to pay the complainant UGX 4,000,000 for the violation of the right to personal liberty.
  • Total compensation awarded: UGX 10,000,000.
  • Each party to bear their own costs.
  • Either party not satisfied with the decision may appeal to the High Court of Uganda within thirty (30) days from the date of this decision.

Rules and key headnotes

Human Rights — Freedom from Torture — Definition and Elements of Torture
Torture requires four elements: (a) the act inflicts severe suffering or pain on the victim, whether physical or mental; (b) the act is intentionally inflicted irrespective of whether it is direct or indirect; (c) the act is carried out for purposes such as obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind; and (d) the act is carried out by or with the instigation or with the consent or with the acquiescence of a public official or any other person acting in official capacity.
Human Rights — Freedom from Torture — Distinction Between Torture and Inhuman or Degrading Treatment
Torture requires deliberate inhuman treatment causing very serious and cruel suffering; inhuman treatment or punishment involves the infliction of intense physical and mental suffering which reaches a minimum level of severity; degrading treatment requires ill treatment designed to arouse in the victims feelings of fear, anguish and inferiority capable of humiliating and debasing them and possibly breaking their physical or moral resistance.
Human Rights — Right to Personal Liberty — Constitutional Limits on Detention
A person arrested or detained on suspicion of having committed a criminal offence must, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of arrest, as required by Article 23(4) of the Constitution.
Administrative Law — Vicarious Liability — State Liability for Acts of Police Officers
The Attorney General is vicariously liable for violations of human rights committed by police officers acting in the course of their employment, by virtue of the employment relationship and Article 119(4)(c) of the Constitution which places responsibility upon the Attorney General to represent the Government in all civil cases to which it is a party.
Evidence — Burden of Proof — Failure to Call Rebuttal Evidence
Where a defendant does not call evidence in rebuttal of a complainant's case, contentious issues are deemed admitted.

Legislation cited (19)

Cases cited (9)

  • Jovelyne Barugahare v Attorney General (Supreme Court Civil Appeal No. 28 of 1993)
  • Martin Edeku v Attorney General [1995] XI KALR 24
  • Fred Tumuramye v Gerald Bwete and 10 Others (UHRC Complaint No. 264 of 1999)
  • Ireland v United Kingdom (1978) 2 EHRR 25
  • X-Tel Limited and Insurance Company of East Africa (U) Ltd v Security 2000 Limited (High Court Civil Suit No. CCOS-163 of 2004)
  • Lakungu v Lolobo (2003) 1 EA 129
  • Matiya Biryabalema and Others v Uganda Transport Company (Supreme Court Civil Appeal No. 10 of 1993)
  • Kisembo Milton v Attorney General (UHRC Complaint No. FPT/005 of 2004)
  • Abdul Maka v Jinja District Council (High Court Civil Suit No. 60 of 2000)

Full judgment

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

Akugizibwe v Attorney General 2022 UGHRC 21 (17 January 2022)
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.