Wakilii

Daniel Adiga Druku and Another v Attorney General [2019] UGHRC 65

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 violation of right to life and freedom from cruel, inhuman and degrading treatment by a state agent
Decision
Complaint allowed; compensation awarded to the estate of the deceased and to the injured complainant; interest awarded at 10% per annum from date of decision

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that a police officer acting in the course of duty violated the right to life by shooting and killing Matedra Ezekiel while dispersing a crowd, and violated Atimaku Fiona's right to freedom from cruel, inhuman and degrading treatment by shooting and injuring her. The state was held vicariously liable. Compensation of UGX 15,000,000 was awarded for the death and UGX 5,000,000 for the injury.

Outcome

Complaint allowed; compensation awarded to the estate of the deceased and to the injured complainant; interest awarded at 10% per annum from date of decision

Facts

On 28 June 2013 at Pakele Centre, a suspected thief was arrested by community members and handed to police. Police officer Kasiogo Paul, attached to Pakele police post, attempted to disperse the crowd by shooting. In the process, he shot and killed Matedra Ezekiel, aged 28, married with three children. The same officer also shot and injured Atimaku Fiona in the left thigh. Fiona was admitted to Adjumani Hospital for one and a half months. Post-mortem examination confirmed Matedra died from a gunshot wound causing massive haemothorax. Medical examination confirmed Fiona sustained a penetrating gunshot wound classified as dangerous harm. The Respondent did not enter appearance or call witnesses despite effective service of summons.

Issues

  1. Whether Matedra Ezekiel's right to life was violated by the Respondent's agent.
  2. Whether Atimaku Fiona's right to freedom from torture, cruel, inhuman or degrading treatment or punishment was violated by the Respondent's agent.
  3. Whether the Complainants are entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the Administrator of the estate of Matedra Ezekiel a sum of UGX 15,000,000 (Fifteen million Uganda shillings only) as compensation for violation of his right to life.
  • The Respondent is further ordered to pay to the Complainant Atimaku Fiona a sum of UGX 5,000,000 (Five Million Uganda Shillings) as general damages for the violation of her right to freedom from cruel, inhuman and degrading treatment by a state agent.
  • The said total amount, UGX 20,000,000 (Twenty Million Uganda Shillings) will carry interest at 10% per annum from the date hereof until payment is made in full.
  • Each party shall bear their own costs.

Rules and key headnotes

Right to Life — Arbitrary Deprivation — State Agent Liability
The state is vicariously liable for the actions of a police officer who, while acting in the course of duty, shoots and kills a person in circumstances not justified by law, thereby violating the constitutional right to life under Article 22(1) of the Constitution.
Freedom from Cruel, Inhuman and Degrading Treatment — Shooting by State Agent
Where a police officer shoots and injures a person while dispersing a crowd, causing severe physical pain and suffering without justification or stated lawful purpose, the conduct constitutes cruel, inhuman and degrading treatment under Article 24 of the Constitution, for which the state is vicariously liable.
Burden of Proof — Uncontroverted Evidence
Where a respondent fails to enter appearance, call witnesses, or cross-examine complainants despite effective service of summons, the complainants' uncontroverted evidence must be accepted as the truth if it establishes the claim on a balance of probabilities.
Compensation for Violation of Right to Life — Assessment Factors
In assessing compensation for violation of the right to life, the Tribunal considers the age of the deceased, family responsibilities, and the physical and moral support the deceased would have provided to dependants.
General Damages for Cruel, Inhuman and Degrading Treatment — Assessment
In assessing general damages for cruel, inhuman and degrading treatment arising from a gunshot injury, the Tribunal considers the nature and severity of the injury, duration of hospitalisation, presence or absence of permanent disability, and residual pain or functional limitation.

Legislation cited (9)

Cases cited (1)

  • George Asiimwe v Attorney General (HCCS No. 481 of 1997)

Full judgment

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

Daniel Adiga Druku and Another v Attorney General 2019 UGHRC 65 (11 February 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.