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Apidra Christopher v Attorney General [2018] UGHRC 74

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging torture and cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed with compensation awarded to complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal found that police officers at Moyo Central Police Station violated the complainant's constitutional right to freedom from torture and cruel, inhuman or degrading treatment when they beat him with batons, kicked and slapped him while in detention on 26 March 2011. The Tribunal awarded UGX 4,000,000 as general damages, applying the definition of torture from the UN Convention Against Torture and finding the respondent vicariously liable for the actions of its agents.

Outcome

Complaint allowed with compensation awarded to complainant

Facts

On 25 March 2011, Apidra Christopher was arrested by police officers attached to Moyo Central Police Station while returning from a disco at around 3am. He was detained at Moyo police station. On 26 March 2011 at around 9am, after knocking on the cell door, the Officer in Charge (CID) and two other police officers pulled him out of the cell. The complainant was slapped by the O.C., beaten with a baton on his ankles and elbow, and kicked on the ribs, causing him to fall. He was then returned to the cell. The following day he was released on bond and went home limping. Medical examination on 31 March 2011 at Moyo Hospital revealed swelling on the left side of his ribs and left elbow. X-ray results showed muscle injury with no damage to internal organs or bones. The injury was classified as bodily harm. A fellow detainee, Jurugo Kassin, corroborated the complainant's account, testifying that he witnessed the 30-minute beating.

Issues

  1. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated.
  2. Whether the Complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent Attorney General is ordered to pay the complainant Apidra Christopher a sum of UGX 4,000,000 (Four million Uganda Shillings) as compensation for the violation of his right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
  • The total amount of UGX 4,000,000 (Four million Uganda Shillings) will carry interest at 10% per annum from the date hereof until payment in full.
  • Each party shall bear their own costs.

Rules and key headnotes

Human Rights — Torture and Cruel Treatment — Definition and Elements — Application of UN Convention Against Torture
In the absence of a domestic statutory definition of torture prior to the Prevention and Prohibition of Torture Act 2012, the definition provided by Article 1 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 applies, requiring proof of: (a) an act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person; (b) for a purpose such as obtaining information, confession, punishment, intimidation, coercion or discrimination; and (c) the act is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Human Rights — Torture and Cruel Treatment — Non-Derogable Right — Constitutional Protection
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment under Article 24 of the Constitution of Uganda 1995 is an absolute and non-derogable right under Article 44(a) of the Constitution, and is also protected under Article 5 of the Universal Declaration of Human Rights, Article 7 of the International Covenant on Civil and Political Rights, and Article 5 of the African Charter on Human and Peoples' Rights.
Evidence — Burden of Proof — Human Rights Complaints — Complainant's Burden
In human rights complaints, the burden of proof lies with the person asserting that his or her rights have been violated, in accordance with Section 101(1) of the Evidence Act Cap 6, which provides that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he or she asserts must prove that those facts exist.
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 their official capacity, including acts of torture or cruel, inhuman or degrading treatment inflicted on persons in police custody.
Damages & Quantum — General Damages — Assessment for Torture — Factors to Consider
In assessing general damages for violation of the right to freedom from torture or cruel, inhuman or degrading treatment, the tribunal must take into account: (a) that freedom from torture is an absolute right; (b) the nature and extent of the torture and/or cruelty; (c) the nature and extent of injuries resulting from the torture or cruelty; (d) similar cases that have been decided; and (e) the current value of money in terms of what goods and services it can purchase at present.

Legislation cited (9)

Cases cited (3)

  • Fred Tumuramye v Gerald Bwete & Others (UHRC Complaint No. 264 of 1999)
  • Matiya Byabalema and Others v Uganda Transport Company (Supreme Court Civil Appeal No. 10 of 1993)
  • Omola Moses v Attorney General (UHRC Complaint No. SRT/206 of 2005)

Full judgment

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

Apidra Christopher v Attorney General 2018 UGHRC 74 (24 May 2018)
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.