Wakilii

Egwang Samuel David v Attorney General [2018] UGHRC 37

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before UHRC Tribunal alleging unlawful detention and torture
Decision
Complaint allowed with damages awarded to complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the complainant's detention for 17 days before being taken to court violated his right to personal liberty under Article 23(4) of the Constitution, as only 2 days are lawfully permissible. Held further that the complainant was subjected to torture by police officers at RRU Kireka who beat him with sticks, chains and batons to extract a confession, violating Article 24 of the Constitution. The Attorney General was held vicariously liable. The complainant was awarded UGX 4,500,000 for unlawful detention and UGX 5,000,000 for torture.

Outcome

Complaint allowed with damages awarded to complainant

Facts

On 2 December 2008, the complainant, a security guard with Group 4 Security Solutions, was arrested from his home in Naguru, Kampala by Kiiza Frank and Ahanda Catherine accompanied by three security personnel in civilian wear. He was arrested on suspicion of theft after a safe at his workplace was vandalized. He was taken to the Rapid Response Unit (RRU) offices at Kireka where he was detained until 19 December 2008, a period of 17 days, before being taken to court. During his detention at RRU, the arresting officer subjected him to severe beatings with a big stick, chains and batons on his knees, back and toes in order to force him to confess to vandalizing the safe. As a result of the beatings, he could not walk properly and continues to experience pain when bending his knees. A medical examination report from the African Centre for Treatment and Rehabilitation of Torture Victims dated 2 October 2012 diagnosed him with depression and post-traumatic stress syndrome. The matter proceeded ex parte as the respondent did not appear despite receipt of summons.

Issues

  1. Whether the Complainant's right to personal liberty was violated?
  2. Whether the Complainant's right to freedom from torture, inhuman or degrading treatment or punishment was violated?
  3. Whether the Respondent is liable?
  4. 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 4,500,000 as general damages for the violation of his right to personal liberty as protected under Article 23(4) of the Constitution of the Republic of Uganda 1995.
  • The Respondent is ordered to pay the Complainant a sum of UGX 5,000,000 as general damages for the violation of his right to freedom from torture as protected under Article 24 and 44(a) of the Constitution of the Republic of Uganda 1995.
  • The above sum of UGX 9,500,000 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 — Right to Personal Liberty — Unlawful Detention — Constitutional Limit
Any deprivation of personal liberty outside the prescribed instances results in a violation of the right to personal liberty. Where a person is detained for 17 days before being taken to court, and only 2 days are lawfully permissible under Article 23(4) of the Constitution, the detention for the remaining 15 days is unlawful and violates the right to personal liberty.
Human Rights — Freedom from Torture — Physical Torture to Extract Confession
The prohibition on torture and other forms of ill-treatment is enshrined in Article 24 of the Constitution, which states that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment. Where police officers beat a detainee with sticks, chains and batons on the knees, back and toes in order to make him confess to a crime, this constitutes torture in violation of Article 24.
Constitutional Law — Non-Derogable Rights — Torture
Article 24 of the Constitution prohibiting torture must be read together with Article 44(a) which states that no derogation from the provisions of Article 24 can be made under any circumstances.
Administrative Law — Vicarious Liability — State Liability for Acts of Police Officers
An employer is generally liable for the acts of the employee or agent committed within the course of the employer's business. Where police officers violate a person's constitutional rights and no evidence is adduced that the officers were acting on a frolic of their own, the Attorney General is vicariously liable for their actions.
Evidence — Burden of Proof — Ex Parte Proceedings
A complainant has a legal duty to prove his claim against the respondent on a balance of probabilities notwithstanding that the respondent did not call witnesses or file a defence. Where the complainant's evidence is uncontested, it is on a balance of probabilities sufficient to prove the claim.

Legislation cited (9)

Cases cited (10)

  • John Patrick Besingiza & Another v Attorney General (UHRC Complaint No. MBR/009 of 2007)
  • Hakizimana Francis v Attorney General (UHRC Complaint No. CTR/10 of 2009)
  • Ariko Moses v Attorney General (UHRC Complaint No. 402 of 2003)
  • Mbusa Wilson v Attorney General (UHRC Complaint No. F/151 of 2003)
  • Elalu Medi Sebi v Attorney General (UHRC Complaint No. SRT/368 of 2003)
  • Ahimbisibwe Dovito v Attorney General (UHRC Complaint No. MBA/38 of 2009)
  • Akot Catherine v Attorney General (High Court Civil Appeal No. 02 of 2017)
  • Kasekya Kasaija Sylvan v Attorney General (High Court Civil Suit No. 1147 of 1998)
  • Bagume John v Attorney General (UHRC Complaint No. JJA/10 of 2007)
  • Okla John & Emuge Joseph v Attorney General (UHRC Complaint No. SRT/208 of 2006)

Full judgment

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

Egwang Samuel David v Attorney General 2018 UGHRC 37 (19 June 2018)
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.