Wakilii

Estate of Lomanat Lomuge v Attorney General [2019] UGHRC 30

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
Decision
Complaint allowed; estate awarded damages for human rights violation

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Tribunal held that UPDF soldiers violated the deceased's constitutional right to freedom from torture and cruel, inhuman or degrading treatment when they shot him without warning as he ran from them at his home. The soldiers used excessive force without justification, as the deceased was unarmed and posed no threat. The State was vicariously liable. The estate was awarded UGX 15,000,000 in general damages.

Outcome

Complaint allowed; estate awarded damages for human rights violation

Facts

On 9 June 2009, Lomanat Lomuge was at his home in Kawalakol Parish, Kaabong District, when UPDF soldiers led by Lt Maliamungu approached him. Upon seeing the soldiers, he ran away in fear. The soldiers shot him, injuring his right hand. He was taken to Kocholo Health Centre for treatment. The soldiers later apologized, stating they had shot him under mistaken identity, believing he was a criminal. Witnesses testified that during the disarmament exercise, soldiers were conducting cordon and search operations. The deceased fell on a rock when shot and subsequently developed mental problems. He died in January 2015 during the pendency of the proceedings, and his estate was substituted as complainant.

Issues

  1. Whether the Complainant's right to freedom from torture or cruel, inhuman and degrading treatment or punishment was violated.
  2. Whether the Respondent is vicariously liable for the actions of its servants.
  3. Whether there are any remedies available to the Complainant.

Orders

  • Complaint allowed.
  • Respondent ordered to pay the estate of the Late Lomanat Lomuge UGX 15,000,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The sum of UGX 15,000,000 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 — Freedom from Torture — Use of Force by Law Enforcement — Principles of Necessity and Proportionality
Law enforcement officials must apply non-violent means such as persuasion, negotiation and mediation before resorting to the use of force and firearms, and any recourse to physical force which has not been made strictly necessary by a person's own conduct diminishes human dignity and constitutes an infringement of the right to freedom from torture and inhuman or degrading treatment.
Human Rights — Freedom from Torture — Non-Derogable Right — Application During Security Operations
The right to freedom from torture enshrined in Article 24 and Article 44(a) of the Constitution is a non-derogable right, and even in the most difficult circumstances such as the fight against terrorism and organized crime, the Constitution prohibits in absolute terms torture and inhuman or degrading treatment or punishment.
Human Rights — Vicarious Liability — State Liability for Actions of UPDF Soldiers
The State is vicariously liable for violations of human rights committed by members of the Uganda Peoples' Defence Forces in the course of their employment, notwithstanding that the soldiers were operating in a dangerous region during a disarmament exercise.
Human Rights — Remedies — General Damages for Torture
Where a complainant's right to freedom from torture or cruel, inhuman or degrading treatment has been violated, the estate of the deceased complainant is entitled to general damages as a remedy under Article 53(2) of the Constitution and Article 8 of the Universal Declaration of Human Rights.
Administrative Law — UPDF — Constitutional Obligations — Respect for Human Rights
Under Article 221 of the Constitution, members of the Uganda Peoples' Defence Forces shall observe and respect human rights and freedoms in the performance of their functions, and this obligation applies even during security operations such as disarmament exercises.

Legislation cited (6)

Cases cited (12)

  • Israel Kabwa v Martin Banoba Musiga (Supreme Court Civil Appeal No. 52 of 1995)
  • People vs Robinson Appellate Court of Illinois
  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Ojok Alex v Attorney General (UHRC Complaint No. G/3/2005)
  • Mohammed Draku v Attorney General & Kajoingi Andrew (UHRC Complaint No. G/88/2005)
  • Robert Sekajjugu v Makindye Ssabagabo Sub County (UHRC Complaint No. 452/2004)
  • Bouyid vs Belgium Application no. 23380/09
  • Ociti Dennis v Attorney General (UHRC Complaint No. GLU/60/2004)
  • Masiko Augustine v Attorney General (UHRC Complaint No. FP/60/2007)
  • Matia Mulumba v Attorney General (UHRC Complaint No. FPT/01/2008)
  • Joseph Semambo v Attorney General (UHRC Complaint No. 155/2004)
  • Obirai Andrew Francis v Attorney General (UHRC Complaint No. SRT/06/2004)

Full judgment

↓ Download PDF

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

Estate of Lomanat Lomuge v Attorney General 2019 UGHRC 30 (24 October 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.