Wakilii

Angom Kato v Attorney General [2019] UGHRC 38

Tribunal · 2019 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 torture and property rights violations by police officers
Decision
Complaint partly allowed; complainant awarded damages for torture; claim for property rights violation dismissed

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 right to freedom from torture when they beat her with sticks and a panga, kicked her on the stomach, and dragged her while demanding she produce a gun allegedly hidden by her husband. The Attorney General was held vicariously liable for the actions of the police officers. The claim for violation of the right to property failed for lack of proof. The complainant was awarded UGX 7,000,000 in general damages plus interest at 10% per annum.

Outcome

Complaint partly allowed; complainant awarded damages for torture; claim for property rights violation dismissed

Facts

On 6 November 2006 at around 8:00 p.m., four police officers went to the complainant's home in Awiri Village and accused her of hiding a gun. When she denied the allegation, the officers beat and kicked her on the hand, stomach, and back using sticks and the sides of a panga. She had previously undergone surgery on her stomach. The officers searched her house and allegedly took UGX 150,000 which was never returned. The complainant was admitted to Dokolo Health Centre for two days and later referred to Soroti Regional Referral Hospital. Her husband was arrested and charged with illegal possession of a firearm but was later released when the prosecution failed to present sufficient evidence. The complainant lodged a complaint with the Uganda Human Rights Commission.

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 property was violated by State agents.
  3. Whether the Attorney General is liable for the violations.
  4. Whether the complainant is entitled to any remedy.

Orders

  • The Complaint is partly allowed.
  • The Attorney General is ordered to pay to the complainant a total sum of UGX 7,000,000 for the violation of her right of freedom from torture or cruel inhuman or degrading treatment or punishment.
  • Interest at the rate of 10% per annum to be paid on the total sum of UGX 7,000,000 from the date of this decision until payment in full.
  • Each party to bear their own costs.
  • Any party dissatisfied with this decision or any part thereof may appeal to the High Court of Uganda within thirty (30) days from the date hereof.

Rules and key headnotes

Freedom from Torture — Definition and Elements — Four-Part Test
Torture consists of four elements: (a) the assault caused severe pain and suffering, whether physical or mental; (b) the pain and suffering was intentionally inflicted; (c) the assault was carried out for the purpose of obtaining information or a confession, or for punishment, intimidation or coercion, or for any other reason based on discrimination; and (d) the assault was carried out by, or at the instigation of, or with the consent or acquiescence of a public official or another person acting in an official capacity.
Freedom from Torture — State Liability — Burden of Explanation
Where an individual is taken into police custody in good health but is later found to be injured, it is incumbent on the state to provide a plausible explanation of the events leading to the existence of the injuries, failure of which the authorities must be held liable for the injuries of the suspect being held by the police.
Vicarious Liability — Police Officers — Acts in Course of Employment
An act may be done in the course of employment so as to make the master liable even though it is done contrary to the orders of the master or even if the servant were acting deliberately, wantonly or negligently or criminally or for his own benefit; nevertheless if what he did was merely a manner of carrying out what he was employed to carry out, then the master is liable.
Right to Property — Burden of Proof — Possession and Identity of Perpetrator
A complainant alleging deprivation of property must prove both that she owned or was in possession of the property in question and the identity of the person who deprived her of it; the Tribunal cannot rely on mere assumptions of who could have deprived the complainant of property.
Assessment of Damages — Current Value of Money — Non-Derogable Rights
In assessing damages for human rights violations, courts ought to take into account the current value of money in terms of what goods and services it can purchase at present, the non-derogable nature of the right violated, the seriousness of the injuries suffered, whether the victim was charged with any offence, relevant precedent cases, and the time elapsed since the violation.

Legislation cited (10)

Cases cited (6)

  • Askoy v Turkey (21987/93) [1996] ECHR 68
  • James Rwanyarare and Others v Attorney General (UHRC Complaint No. 304 of 1999)
  • Jones v Tower Boots Co Ltd [1997] 2 All ER 406
  • Muwonge v Attorney General [1967] EA 17
  • Matiya Byabalema and Others v Uganda Transport Company (Supreme Court Civil Appeal No. 10 of 1993)
  • Kisembo Milton v Attorney General (UHRC Complaint No. FPT/005/2004)

Full judgment

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

Angom Kato v Attorney General 2019 UGHRC 38 (21 October 2019)
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.