Wakilii

Asobasi Noris v Attorney General [2018] UGHRC 73

Tribunal · 2018 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 unlawful detention and torture by police officers
Decision
Complaint allowed; Respondent ordered to pay damages and cautioned for constitutional violations

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's right to personal liberty under Article 23(4) of the Constitution was violated by unlawful detention for two days beyond the lawful 48-hour period. The Tribunal further held that the complainant's right to freedom from torture under Articles 24 and 44(a) was violated when police officers beat him with a panga during interrogation, causing multiple soft tissue injuries. The Respondent was found vicariously liable for the acts of police officers and ordered to pay UGX 5,000,000 in general damages for the torture violation.

Outcome

Complaint allowed; Respondent ordered to pay damages and cautioned for constitutional violations

Facts

On 27 May 2012, the complainant received a phone call directing him to collect an envelope at Moyo Taxi Park. Upon arrival, he was pushed into a car and taken to Moyo Central Police Station. At the station, he was interrogated about the whereabouts of a computer and six million shillings. During interrogation, Police Officer Ewakodra beat him with a panga on the back, shoulders, legs, face, and toes for approximately 45 minutes. The complainant was detained from 27 May 2012 until 31 May 2012 (four days) without being taken to court or granted police bond. He was released without any statement being recorded. Medical examination on 1 June 2012 revealed multiple soft tissue injuries on his chest, back, upper limbs, and head, classified as grievous harm. The complainant sought treatment at Yumbe Hospital and was later admitted.

Issues

  1. Whether the Complainant's right to personal liberty was violated
  2. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated
  3. Whether the Respondent is liable
  4. Whether there is any remedy available to the Complainant

Orders

  • The Complaint is allowed.
  • The Respondent is ordered to pay the Complainant a sum of UGX 5,000,000 as general damages for the violation of his right to freedom from torture as protected under Articles 24 and 44(a) of the Constitution of the Republic of Uganda 1995.
  • The Respondent is hereby cautioned for the violation of the Complainant's right to personal liberty for two days as protected under Article 23(4) of the 1995 Constitution of the Republic of Uganda.
  • The above total shall attract interest at 10% per annum from the date of this decision till payment in full.
  • Each party shall bear its own costs.

Rules and key headnotes

Right to Personal Liberty — Unlawful Detention Beyond 48 Hours
Any person arrested or detained on suspicion of having committed or about to commit an offence must be released on police bond or taken to court as soon as possible but in both cases not later than 48 hours from the time of arrest, and any deprivation of personal liberty outside the prescribed instances results in a violation of the right to personal liberty under Article 23(4) of the Constitution.
Burden of Proof — Unlawful Detention
Once a complainant proves the fact of detention, the burden of proof that the imprisonment was justified shifts to the respondent.
Freedom from Torture — Absolute Prohibition
The prohibition on torture and other forms of ill treatment under Article 24 of the Constitution is absolute and no derogation can be made under Article 44(a), irrespective of the victim's conduct or the suspicion against them.
Torture — Definition and Elements
Torture occurs when someone deliberately causes very serious and cruel suffering, whether physical or mental, to another person for purposes such as obtaining information or a confession, punishing them for an act they are suspected of having committed, or intimidating or coercing them, when such pain or suffering is inflicted by or at the instigation of a public official.
Vicarious Liability — Government Liability for Police Officers
Under Section 3(1)(a) and (2) of the Government Proceedings Act, a master is liable for the servant's acts improperly done in the course of doing what the servant is employed to do, and the Government is vicariously liable for violations of human rights committed by police officers acting in the course of their duties.
Remedies — Compensation for Constitutional Violations
Where the Tribunal is satisfied that there has been an infringement of a human right or freedom, it may order payment of compensation or give any other legal remedy or redress under Article 53(2) of the Constitution.
Burden of Proof — Failure to Call Defence Witnesses
Contentious issues in a case are deemed admitted where a defendant does not call evidence in rebuttal, and in the absence of evidence to the contrary, a complainant who has adduced credible evidence is deemed to have proved their case on a balance of probabilities.

Legislation cited (10)

Cases cited (21)

  • Mujinya Moses v Attorney General (UHRC Complaint No. MSK/46/2012)
  • Muluya Henry v Attorney General (UHRC Complaint No. MSR/410/2012)
  • Badru Rule v Attorney General (UHRC Complaint No. 219/2003)
  • Daudi Ratembezi v Attorney General (UHRC Complaint No. MBA/75/2005)
  • Ariko Moses v Attorney General (UHRC Complaint No. 40/2003)
  • Babyesiza Godfrey v Attorney General (UHRC Complaint No. MBA/015/2008)
  • Birigwenkya Godfrey v Attorney General (UHRC Complaint No. 175/2007)
  • Kiwalabye Kyaterekera Bonny v Attorney General (UHRC Complaint No. MSK/65/2011)
  • Osotraco Limited v Attorney General (High Court Civil Suit No. 1380 of 1986)
  • Byamukama Akim v Attorney General (UHRC Complaint No. 161/2004)
  • Chahal v United Kingdom [1996] 23 EHRR 413
  • Daudi Katembezi v Attorney General (UHRC Complaint No. MBA/75/2005)
  • Edeku vs Attorney General (1995) XI KAL.R 24
  • Kones Mohammed v Attorney General (UHRC Complaint No. JJ/764/2006)
  • Laber Luwaya Michael v Attorney General & Major Anywar Augustine (UHRC Complaint No. G/68/2005)
  • Barugahare Abdallah v Attorney General (UHRC Complaint No. MBR/026/2008)
  • Muwonge vs Attorney General (1967) EA 7
  • Attorney General v Dan Kisembo (High Court Civil Appeal No. 95 of 2014)
  • Charles Harry Twagira v Attorney General & Samuel Kyomukama (High Court Civil Suit No. 836 of 2006)
  • Ojul P' Otobi v Attorney General (UHRC Complaint No. G/168/2003)
  • Pte Enock Ngomya v Attorney General (UHRC Complaint No. 405/2004)

Full judgment

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Asobasi Noris v Attorney General 2018 UGHRC 73 (7 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.