Wakilii

Apuun Paul v Attorney General [2016] UGHRC 30

Tribunal · 2016 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint brought before the Uganda Human Rights Commission alleging violation of right to life
Decision
Complaint allowed; respondent held vicariously liable for violation of right to life; compensation awarded to deceased's family

Observed later treatment

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Holding

The Uganda Human Rights Commission held that UPDF soldiers violated the right to life of Lokee Phillip Lokolimeri by subjecting him to severe torture during a cordon and search operation, causing injuries from which he died. The soldiers' actions were intentional, unlawful, and committed in the course of their employment. The state was held vicariously liable and ordered to pay UGX 10,000,000 in general damages to the deceased's family.

Outcome

Complaint allowed; respondent held vicariously liable for violation of right to life; compensation awarded to deceased's family

Facts

On 21 January 2008, UPDF soldiers conducting a cordon and search operation in Kokorio village, Moroto District, arrested Lokee Phillip Lokolimeri and 27 others on suspicion of illegal gun possession. The soldiers severely beat Lokee, causing his skin to peel off. He was detained at Lokautakou barracks where the beating continued. The following day, soldiers attempted to inject him with medicine but his body was too swollen. They ordered other detainees to carry him home. Lokee was taken to a clinic and later transferred to St. Kizito Hospital Matany, where he died on 1 February 2008. A death certificate attributed his death to torture by soldiers. Apuun Paul, Lokee's brother, brought a complaint to the Uganda Human Rights Commission seeking compensation for violation of the right to life.

Issues

  1. Whether the respondent's servants violated Lokee Phillip Lokolimeri's right to life.
  2. Whether the late Lokee Phillip Lokolimeri's family is entitled to compensation.

Orders

  • The complaint is allowed.
  • The respondent is ordered to pay the complainant a sum of UGX 10,000,000 as general damages for violation of Lokee Lokolimeri's right to life after obtaining letters of administration.
  • The UGX 10,000,000 will carry interest at court rate from the date hereof until payment in full.
  • Either party dissatisfied with this decision may appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Human Rights — Right to Life — Intentional Deprivation — Exceptions
The right to life under Article 22(1) of the Constitution and Article 6 of the ICCPR may only be lawfully deprived through execution of a death sentence passed by a competent court and confirmed by the highest appellate court, or in circumstances of lawful self-defence or defence of others where reasonable and proportionate force is used.
Human Rights — Right to Life — Proof of Violation — Elements
To establish a violation of the right to life, a complainant must prove that the respondent's servants caused the death and that the death was caused unlawfully.
Human Rights — Right to Life — Intention — Inference from Circumstances
Intention to deprive life is a mental disposition that cannot be directly observed but may be inferred from the circumstances of the case, including the severity of force used and the perpetrator's knowledge of the danger involved.
Human Rights — Torture — State Accountability — Burden of Explanation
Where an individual is taken into custody in good health but is found with torture marks or dies in custody, the state bears the burden of providing a plausible explanation for the injuries or death.
Tort Law — Vicarious Liability — State Liability for Acts of Servants
The state is vicariously liable for unlawful acts committed by its servants, including soldiers, when those acts are committed in the course of their employment.
Damages & Quantum — General Damages — Right to Life — Assessment Principles
In assessing general damages for violation of the right to life, the material wealth or poverty of the deceased is not a vital factor; what matters is that the deceased was a human being with a constitutional right to life that was unlawfully taken, and all persons are equal before the law.

Legislation cited (8)

Cases cited (4)

  • Edward Kamana Wesonga v Attorney General (UHRC No. 197 of 1998)
  • Juma Abukoji v Attorney General (UHRC/G/326/1999)
  • Hyam v DPP [1974] 2 All ER 41
  • Ribitsch v Austria ECHR Series No. 336

Full judgment

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Apuun Paul v Attorney General 2016 UGHRC 30 (2 May 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.