Wakilii

Damulira v Attorney General (Complaint UHRC 900 of 2000)

Tribunal · [2012] UGHRC 1 · 2012 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 seeking compensation for alleged torture and inhuman treatment during detention at Nakifuma Prison
Decision
Complainants awarded compensation for violation of their constitutional right to protection from torture and inhuman treatment during detention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission held that prison officers at Nakifuma Prison violated the complainants' constitutional right to protection from torture, cruel, inhuman and degrading treatment by subjecting them to beatings, forced labour, denial of food and visitors, confiscation of clothing and spectacles, and forced public bathing. The Commission awarded general damages of UGX 4,000,000 to two complainants and UGX 5,000,000 to two others, plus exemplary damages of UGX 1,000,000 to each complainant, totalling UGX 22,000,000.

Outcome

Complainants awarded compensation for violation of their constitutional right to protection from torture and inhuman treatment during detention

Facts

In 2000, four complainants were remanded to Nakifuma Prison where they were detained for approximately one week. During their detention, the Officer-in-Charge, Ms Namusisi Cissy, subjected them to systematic mistreatment including beatings with sticks by other prisoners and LDU personnel on her orders, forced labour in gardens from 6:00am to 6:00pm while being beaten, denial of food brought by their sister (which was given to other prisoners), confiscation of clothing leaving them to work in underwear only, forced public bathing while being beaten, and confiscation of one complainant's spectacles despite his need for them. One complainant fainted from exhaustion and dehydration and required medical treatment. Medical examination revealed whip marks, carouses on hands from excessive digging, and other injuries consistent with the alleged torture. The complainants were later acquitted of the charges for which they had been remanded.

Issues

  1. Whether the respondent's agents/servants violated the complainants' right to protection from torture, cruel, inhuman and degrading treatment.
  2. Whether the complainants are entitled to compensation.

Orders

  • Complaint allowed.
  • Respondent ordered to pay 1st complainant Ddamulira Abubaker UGX 5,000,000 (UGX 4,000,000 general damages plus UGX 1,000,000 exemplary damages).
  • Respondent ordered to pay 2nd complainant Yusuf Nsiko UGX 5,000,000 (UGX 4,000,000 general damages plus UGX 1,000,000 exemplary damages).
  • Respondent ordered to pay 3rd complainant Nsiko Muhammad UGX 6,000,000 (UGX 5,000,000 general damages plus UGX 1,000,000 exemplary damages).
  • Respondent ordered to pay 4th complainant Sam Kavuma UGX 6,000,000 (UGX 5,000,000 general damages plus UGX 1,000,000 exemplary damages).
  • All sums to carry interest at court rate from date of decision until payment in full.
  • Copy of decision to be served on Commissioner General of Prisons for necessary correctional steps.

Rules and key headnotes

Human Rights — Torture and Inhuman Treatment — Definition and Scope
Torture is defined as an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information, punishment, intimidation or coercion, when such pain is inflicted by or with the consent of a public official. The terms cruel, inhuman and degrading treatment extend the widest possible protection against abuse whether physical or mental.
Constitutional Law — Non-Derogable Rights — Freedom from Torture
The right to freedom from torture, cruel, inhuman and degrading treatment or punishment enshrined in Article 24 and Article 44(a) of the Constitution is a non-derogable right that cannot be limited under any circumstances.
Human Rights — Burden of Proof — Unexplained Injuries
Where a complainant adduces medical evidence of injuries received while in state custody and the state provides no alternative explanation for how those injuries were occasioned, it will be presumed that the injuries resulted from acts of torture by the state's agents for which the state is vicariously liable.
Human Rights — Compensation — Violation of Right to Protection from Torture
Under Article 50(1) and Article 53(2) of the Constitution, any person whose fundamental right or freedom has been infringed is entitled to apply for redress which may include compensation. Where the state's agents violate a person's right to protection from torture, cruel, inhuman and degrading treatment, the victim is entitled to compensation including general damages and exemplary damages.
Damages & Quantum — Exemplary Damages — Torture by State Agents
Exemplary damages are appropriate where state agents engage in deliberate, oppressive and unconstitutional conduct such as torture and inhuman treatment of persons in their custody, in order to punish such conduct and deter similar violations.

Legislation cited (8)

Cases cited (2)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Tomasi v France [1992] 15 EHRR 25

Full judgment

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

Damulira v Attorney General (Complaint UHRC 900 of 2000) 2012 UGHRC 1 (13 March 2012)
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.