Wakilii

Baluku and Another v Attorney General [2019] UGHRC 29

Tribunal · 2019 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 torture and forced labour by prison officers
Decision
Complaint allowed; complainants awarded general damages totalling UGX 11,000,000 with interest at 10% per annum from date of decision until payment in full

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the first complainant's right to freedom from torture was violated when a prison officer beat him severely with sticks and kicks, causing swelling and injuries, after he refused to harvest maize. The second complainant's right to freedom from forced labour was violated when he was compelled to work on a prison farm for five hours without consent under intimidation and coercion. The Attorney General was held vicariously liable for the violations committed by prison officers acting in the course of their employment. The Tribunal awarded UGX 5,000,000 to the first complainant and UGX 6,000,000 to the second complainant as general damages.

Outcome

Complaint allowed; complainants awarded general damages totalling UGX 11,000,000 with interest at 10% per annum from date of decision until payment in full

Facts

On 28 January 2013, the first complainant transported rice from the second complainant's garden past Ibuga Prison Farm. Prison officers later arrested the second complainant on suspicion of stealing maize from the prison farm, based on bicycle tyre marks. The second complainant was forced to harvest maize with prisoners from 8:30 a.m. to 2:00 p.m. When the first complainant returned to the farm, Prison Officer Mukaga Mayanja Noah accused him of taking maize. When the first complainant refused to remove his shirt and harvest maize, Mukaga beat him severely with sticks on his ankles and kicked him in the chest and ribs for over an hour. Both complainants were then taken to Ibuga Prison and detained until approximately 4:00-5:30 p.m., when they were released without charge after no evidence of theft was found. The first complainant sustained swollen ankle joints, leg injuries, chest pain, and vomited blood. He sought medical treatment at Star Clinic and was examined by Dr. Mugambwa, who classified the injuries as harm. The complainants reported the matter to Bigando Police Post but obtained no remedy.

Issues

  1. Whether the first complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents.
  2. Whether the second complainant's right of freedom from forced labour was violated by State agents.
  3. Whether the Attorney General is liable for the violations.
  4. Whether the complainants are entitled to any legal remedy.

Orders

  • Complaint wholly allowed.
  • Attorney General ordered to pay UGX 5,000,000 to the first complainant for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Attorney General ordered to pay UGX 6,000,000 to the second complainant for violation of his right to freedom from forced labour.
  • Interest at 10% per annum to be paid on each amount from the date of decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court within thirty days from the date of decision.

Rules and key headnotes

Torture — Definition and Elements — Severe Pain or Suffering Intentionally Inflicted
Torture consists of four elements: the act inflicts severe suffering or pain on the victim whether physical or mental; the act is intentionally inflicted irrespective of whether it is direct or indirect; the act is carried out for purposes such as obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination; and the act is carried out by or with the instigation or consent or acquiescence of a public official or any other person acting in official capacity.
Torture — Burden of Proof — Injuries Sustained in Custody
Where an individual is taken into custody in good health but is found injured on release, it is incumbent on the authority to provide a plausible explanation as to the cause of injuries, failure of which a clear issue arises that the injuries were inflicted by the custodial authority.
Forced Labour — Intimidation and Coercion — Compulsion to Work Without Consent
Forced labour is established where a person is compelled to work under intimidation and coercion, including being ordered to work by armed state agents exuding authority, without the person's consent and without following lawful arrest and prosecution procedures, even where the person does not verbally contest the instructions due to the intimidating environment.
Forced Labour — Burden of Proof — Lawfulness of Compelled Work
Once a complainant proves that he was subjected to forced labour, the burden shifts to the respondent to prove credibly that the work was lawful.
Vicarious Liability — State Liability for Acts of Employees
The State is vicariously liable for violations of human rights committed by its employees, including prison officers, when the acts are done in the course of their employment or are incidents in performing something they are employed to do, and the Attorney General represents the Government in bearing responsibility for such violations.
Remedies — Assessment of Damages — Current Value of Money
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 nature of the right violated (particularly whether it is non-derogable), the seriousness of injuries sustained, and previous awards in similar cases.
Evidence — Contentious Issues Deemed Admitted — Failure to Call Rebuttal Evidence
Contentious issues in a case are deemed admitted where a defendant does not call evidence in rebuttal of the complainant's prosecution evidence.

Legislation cited (11)

Cases cited (7)

  • Martin Edeku v Attorney General (1995) XI KALR 24
  • Fred Tumuramye v Gerald Bwete and 10 Others (UHRC Complaint No. 264 of 1999)
  • Aksoy v Turkey (1996) ECHR 68
  • Uganda v ASP Aurien James Peter (Criminal Case No. 012 of 2010)
  • Railways Corporation v Obwoya [1974] EA 276
  • 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/206/2005)

Full judgment

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

Baluku and Another v Attorney General 2019 UGHRC 29 (10 September 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.