Wakilii

Besimira Moses v Attorney General [2017] UGHRC 34

Tribunal · 2017 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 unlawful detention by police officers
Decision
Complaint allowed; Attorney General held vicariously liable for violations by police officers; damages awarded to complainant's estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers violated the complainant's constitutional rights by subjecting him to torture through severe beatings causing grievous harm and by detaining him for ten days beyond the constitutional 48-hour limit without producing him before a court. The Attorney General was held vicariously liable and ordered to pay UGX 17,000,000 in damages to the complainant's estate, comprising UGX 5,000,000 for unlawful detention and UGX 12,000,000 for torture.

Outcome

Complaint allowed; Attorney General held vicariously liable for violations by police officers; damages awarded to complainant's estate

Facts

On 14 November 2011, Besimira Moses was arrested by JATT operatives on orders of the Officer in Charge of Central Police Station Kampala and a policewoman named Betty Ikiring. He was taken to an underground cell in Kitante where he was severely beaten, kicked, boxed and slapped. He was detained at Central Police Station until 16 November 2011, then transferred to Kireka SIU for further interrogation. Due to injuries sustained, he began vomiting and urinating blood. SIU officers took him to Mulago Hospital where he was admitted from 17 to 27 November 2011. Medical examination revealed soft tissue tenderness throughout his chest, abdomen, scrotum and penis, with injuries classified as grievous harm. The complainant testified that the torture was aimed at forcing him to surrender a land title and vehicle log book to O.C. Mugarura Ronald. This was the fourth arrest in a series beginning in September 2011, all involving the same officers demanding the same documents. The complainant had previously been detained from 28 September to 3 October 2011 without being produced before a court. The complainant died before the tribunal delivered its decision.

Issues

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

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay to the Estate of the late Besimira Moses a total of UGX 17,000,000 as damages.
  • General damages for the violation of Besimira Moses' right to personal liberty: UGX 5,000,000.
  • General damages for the violation of Besimira Moses' right of freedom from torture or cruel, inhuman or degrading treatment or punishment: UGX 12,000,000.
  • Interest at rate of 10% per annum to be paid on the total amount of UGX 17,000,000, calculated from the date of this decision until payment in full.
  • Each party to meet their own costs.

Rules and key headnotes

Torture — Definition and Elements — Application of UN Convention Against Torture
Torture under Article 1 of the UN Convention Against Torture consists of three elements: (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, a confession, punishment, intimidation, coercion or for any reason based on 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.
Torture — Vicarious Liability of State — Police Officers Acting in Official Capacity
Where police officers torture a suspect in the course of their official duty to detect, investigate, arrest and detain suspected criminals, the state is vicariously liable for the violation even where the officers may have had private interests in obtaining information from the victim.
Personal Liberty — Constitutional 48-Hour Rule — Unlawful Detention Beyond Statutory Period
Article 23(4)(b) of the Constitution requires that a person arrested or detained on reasonable suspicion of having committed a criminal offence must be brought to court as soon as possible but in any case not later than 48 hours from the time of arrest. Detention beyond this period without production before a court constitutes a violation of the right to personal liberty.
Remedies — Quantum of Damages for Unlawful Detention
In assessing damages for unlawful detention, the tribunal applies the practice of awarding UGX 2,000,000 for every seven days of illegal detention, taking into account the current value of money in terms of what goods and services it can purchase at present.
Remedies — Compensation for Torture — Assessment Based on Magnitude of Injuries
Where a complainant proves torture resulting in injuries classified as grievous harm, including severe physical pain and mental anguish requiring hospital admission, substantial general damages are warranted to compensate for the violation of the constitutional right to freedom from torture.
Burden of Proof — Uncontroverted Evidence — Failure of Respondent to Adduce Defence
Where the respondent fails to present any defence despite several adjournments and does not cross-examine the complainant's witnesses, the complainant's evidence remains uncontroverted and the tribunal has no alternative but to accept wholly the evidence adduced by the complainant's side.

Legislation cited (12)

Cases cited (6)

  • Fred Tumuramye and Gerald Bwete & Others (UHRC Complaint No. 264 of 1999)
  • Christopher Ssajabi Nsereko v Attorney General (UHRC Complaint No. 112 of 1999)
  • Matiya Byabalema and Others v Uganda Transport Company (Supreme Court Civil Appeal No. 10 of 1993)
  • Bakaliraku Vincent & Another v Attorney General (UHRC Complaint No. 316 of 2004)
  • Makomberedze Vs. Minister of State (security) [1987] LRC (Const) 504
  • WintwerpVs The Netherlands (1979 -80) 2 HRR 387

Full judgment

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

Besimira Moses v Attorney General 2017 UGHRC 34 (6 December 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.