Wakilii

Drate Swaib v Attorney General [2019] UGHRC 68

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 by UPDF soldiers during arrest
Decision
Complaint allowed; complainant awarded damages for torture

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that UPDF soldiers violated the complainant's constitutional right to freedom from torture when they beat him with sticks and gun barrels to force him to reveal the location of an illegally possessed firearm. The Respondent was vicariously liable for the soldiers' conduct. The complainant was awarded UGX 300,000 in general damages.

Outcome

Complaint allowed; complainant awarded damages for torture

Facts

On 16 December 2011 at around 7:00 am, the complainant was arrested at his home in Alelinga Village, Yumbe District by the District Internal Security Officer accompanied by UPDF soldiers and a Military Intelligence Officer on allegations of illegal possession of a gun. When the complainant denied possessing the gun, the soldiers severely beat him with sticks and pushed a gun barrel on his nose to force him to reveal its location. The complainant sustained injuries to his forehead and ear, and began bleeding. After recovering the gun from a tree approximately 100 meters from the complainant's home, the soldiers continued beating him for an additional 10 minutes despite intervention by the LC I Chairperson. The complainant was then taken to Yumbe Police Station where he was detained for four days, then transferred to Yumbe Central Police Station for two more days before being remanded to Arua Government Prison. He received medical treatment three hours after detention. The complainant was a former soldier who had retained his service weapon after leaving the army.

Issues

  1. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated?
  2. Whether the Respondent is liable?
  3. Whether there is any remedy available to the Complainant?

Orders

  • The Complaint is allowed.
  • The Respondent is ordered to pay the Complainant a sum of UGX 300,000 as general damages for the violation of his right to freedom from torture as protected under Articles 24 and 44(a) of the Constitution of the Republic of Uganda 1995.
  • The above sum shall attract interest at 10% per annum from the date of this decision till payment in full.
  • Each party shall bear its own costs.

Rules and key headnotes

Human Rights — Torture — Prohibition — Non-derogable Right
The prohibition on torture or cruel, inhuman or degrading treatment or punishment enshrined in Article 24 of the Constitution of the Republic of Uganda 1995 is a non-derogable right under Article 44(a) of the Constitution.
Human Rights — Torture — Use of Force to Extract Information — Unlawful
Even where a suspect is in illegal possession of a firearm, security forces have no justification to subject the suspect to beatings in order to make him reveal the location of the weapon, as lawful interrogation methods must be used instead.
Administrative Law — Vicarious Liability — Government Liability for Acts of Security Forces
Under Section 3(1)(a) and (2) of the Government Proceedings Act Cap 77, the Government is vicariously liable for acts of UPDF soldiers improperly done in the course of doing what they are employed to do, where there is no evidence that the soldiers were on a frolic of their own.
Evidence — Burden of Proof — Balance of Probabilities — Human Rights Complaints
In human rights complaints before the Uganda Human Rights Commission Tribunal, the complainant bears the burden of proving allegations against the respondent on a balance of probabilities, even where the respondent fails to call defence witnesses.
Evidence — Failure to Rebut — Contentious Issues Deemed Admitted
Where a defendant does not call evidence in rebuttal, contentious issues in a case are deemed admitted.

Legislation cited (7)

Cases cited (14)

  • Byamukama Akim v Attorney General (UHRC Complaint No. 161/2004)
  • Babyesiza Godfrey v Attorney General (UHRC Complaint No. MBA/015/2008)
  • Birigwenkya Godfrey v Attorney General (UHRC Complaint No. 175/2007)
  • Kiwalabye Kyaterekera Bonny v Attorney General (UHRC Complaint No. MSK/65/2011)
  • Osotraco Limited v Attorney General (High Court Civil Suit No. 1380 of 1986)
  • Edeku v Attorney General (1995) XI KALR 24
  • Kones Mohammed v Attorney General (UHRC Complaint No. JJ/764/2006)
  • Laber Luwaya Michael v Attorney General & Major Anywar Augustine (UHRC Complaint No. G/68/2005)
  • Taremwa Jonan v Attorney General (UHRC Complaint No. MBR/048/2008)
  • Muwonge v Attorney General (1967) EA 7
  • Attorney General v Dan Kisembo (High Court Civil Appeal No. 95 of 2014)
  • Charles Harry Twagira v Attorney General & Samuel Kyomukama (High Court Civil Suit No. 836 of 2006)
  • Ojul P' Otobi v Attorney General (UHRC Complaint No. G/168/2003)
  • Pte Enock Ngomya v Attorney General (UHRC Complaint No. 405/2004)

Full judgment

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

Drate Swaib v Attorney General 2019 UGHRC 68 (18 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.