Wakilii

Estate of the Late Tujune David v Attorney General [2019] UGHRC 57

Tribunal · 2019 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging violation of right to life of deceased remand prisoner
Decision
Complaint allowed; estate awarded damages for violation of right to life

Observed later treatment

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Holding

The Tribunal held that the right to life of the deceased, a remand prisoner at Kyazanga Prison, was violated when he died in custody with injuries to his head and limbs. The state failed to provide a plausible explanation for the death. The Respondent was held vicariously liable for the actions of prison warders. The estate was awarded UGX 30,000,000 in general damages.

Outcome

Complaint allowed; estate awarded damages for violation of right to life

Facts

On 30 May 2013, David Tujune, a remand prisoner at Kyazanga Prison, was allegedly beaten by prison warders while working on a farm. He sustained injuries to his head, legs, knees and ankles. He was taken to Kyazanga Health Centre IV where he died. His uncle found the body being wrapped by prison warders and observed wounds on the head, knees and ankles. A post-mortem examination revealed bruises on both lower limbs and a cut wound on the parietal area of the scalp, with the back of the head in a pool of blood. The medical practitioner concluded the cause of death was head injury due to a cut or impact of a sharp object at high velocity. The deceased was 36 years old and left behind a wife and two children aged 6 and 3 years.

Issues

  1. Whether the Late Tujune David's right to life was violated?
  2. Whether the Respondent is liable?
  3. Whether the Complainant is entitled to any remedy?

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the estate of the Late Tujune David a sum of UGX 30,000,000 as general damages for the violation of his right to life as protected under Article 22(1) of the Constitution.
  • The said sum shall carry interest at 10% per annum from the date of the decision until payment in full.
  • Each party shall bear its costs.

Rules and key headnotes

Human Rights — Right to Life — Death in Custody — State Duty to Explain
Where an individual is taken into custody in good health but is later found dead, it is incumbent on the state to provide a plausible explanation of the events leading to his death, failing which the authorities must be held responsible.
Human Rights — Right to Life — Burden of Proof — Violation by State Agents
To sustain a case of violation of the right to life, the complainant must prove that the respondent's agents caused the death of the deceased and that the same was unlawful.
Administrative Law — Vicarious Liability — State Liability for Acts of Agents
The state is vicariously liable for the actions of its agents, including prison warders, under Section 3(1)(a) of the Government Proceedings Act.
Damages & Quantum — General Damages — Right to Life — Assessment Principles
In assessing compensation for violation of the right to life, the tribunal takes into consideration that the right to life enshrines one of the basic values of democratic societies, the sanctity of life commands maximum protection, and that death is final and irreversible.
Evidence — Unchallenged Testimony — Ex Parte Proceedings — Credibility
Where a respondent fails to appear for cross-examination despite receipt of summons and the matter proceeds ex parte, the tribunal will believe the evidence of the complainant's witnesses as true once the respondent has opted not to challenge it.

Legislation cited (8)

Cases cited (8)

  • Nakirya Sarah v Attorney General (Complaint No. UHRC/116/1998)
  • Karakire Stephen v Uganda (Criminal Appeal No. 33 of 2015)
  • Velikova v Bulgaria (Application No. 41488/98)
  • Akdeniz and Others v Turkey (2001) ECHR 349
  • Muwonge v Attorney General [1967] EA 17
  • Komakech Charles v Attorney General (Civil Suit No. 21 of 2001)
  • Sarah Watsemwa Goseltine and Another v Attorney General (Civil Suit No. 675 of 2006)
  • Edison Muka v Attorney General (Complaint No. UHRC/S/61/2005)

Full judgment

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

Estate of the Late Tujune David v Attorney General 2019 UGHRC 57 (14 November 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.