Wakilii

Baiwula Richard v Attorney General [2017] UGHRC 60

Tribunal · 2017 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 Tribunal seeking compensation for alleged torture and cruel, inhuman and degrading treatment
Decision
Complaint allowed; estate of deceased complainant awarded general damages of UGX 20,000,000 with interest at court rate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that Buyinza Charles' right to freedom from torture and cruel, inhuman and degrading treatment was violated when Special Revenue Protection Services officers severely beat him on 18 August 2002, causing injuries that led to the loss of his right eye. The Attorney General was held vicariously liable for the actions of SPRS officers, as SPRS was a government organ attached to URA for enforcement purposes. The estate of the deceased was awarded UGX 20,000,000 as general damages.

Outcome

Complaint allowed; estate of deceased complainant awarded general damages of UGX 20,000,000 with interest at court rate

Facts

On 18 August 2002 at approximately 11:00 hours, Buyinza Charles was at Jaguzi when soldiers in casual clothes from the Special Revenue Protection Services (SPRS) attached to URA ordered him and others to gather at the Chairman's place. The soldiers were looking for persons engaged in illegal fishing. Approximately 40 people were ordered to lie down. The soldiers beat them with canes, bicycle spikes, stones, wires and bicycle wire locks. Buyinza Charles was struck on the head and right eye, which began bleeding. He was taken to Jaguzi Health Centre II and then referred to Jinja Regional Referral Hospital. He was admitted on 21 August 2002 with a ruptured right eye. Medical personnel recommended removal of the eye but he refused and opted for conservative treatment. After two weeks he was discharged. The eye had shrunk and was blind. Buyinza Charles passed away before judgment was delivered and was substituted by Baiwula Richard as administrator of his estate.

Issues

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

Orders

  • The Complaint is allowed.
  • The Respondent is ordered to pay the Estate of the Late Buyinza Charles a sum of UGX 20,000,000 (Twenty Million Uganda Shillings) as general damages for violation of his right to protection from torture or cruel, inhuman and degrading treatment or punishment.
  • The sum of UGX 20,000,000 will carry interest at court rate from the date hereof until payment in full.
  • Any party dissatisfied with this decision or any part thereof may appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Human Rights — Torture and Cruel, Inhuman or Degrading Treatment — Definition and Elements
Torture is an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or any other person acting in an official capacity.
Human Rights — Non-Derogable Rights — Freedom from Torture
The right to freedom from torture, cruel, inhuman and degrading treatment or punishment enshrined under Article 24 of the Constitution is non-derogable and cannot be limited under any circumstances.
Administrative Law — Vicarious Liability — Government Liability for Acts of Officials
The Attorney General is vicariously liable for the wrongful acts of government officials acting in the course of their employment, even if the servant is acting deliberately, wrongfully, negligently or criminally, or for his own benefit, provided what he did was in the manner of carrying out what he was employed to carry out.
Administrative Law — Government Organs — Special Revenue Protection Services
The Special Revenue Protection Services (SPRS), though attached to the Uganda Revenue Authority for enforcement purposes, remains a government organ for which the Attorney General is liable in civil proceedings.
Damages & Quantum — General Damages — Assessment for Human Rights Violations
In assessing damages for human rights violations, courts must consider the current value of money in terms of what goods and services it can purchase at present, and the basic purpose of damages is to put the victim in the position he would have been in had he not suffered the wrong.

Legislation cited (7)

Cases cited (7)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Fred Tumuramye v Gerald Bwete and Others (UHRC/264/1999)
  • Muwonge v Attorney General (1967) EA 17
  • Jones v Tower Boots Co Ltd (1967) All ER 40B
  • Dr Denis Lwamafa v Attorney General (Civil Suit No. 79 of 1983)
  • George Paul Emenyu and Another v Attorney General (109 of 1994)
  • Matiya Byabalema and Others v Uganda Transport Company (SCCA 10 of 1993)

Full judgment

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

Baiwula Richard v Attorney General 2017 UGHRC 60 (22 November 2017)
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.