Wakilii

Eyamu and Another v Attorney General [2017] UGHRC 14

Tribunal · 2017 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 and illegal detention by police officers
Decision
Complaint allowed with compensation awarded to both complainants for violations of their constitutional rights to freedom from torture and personal liberty

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers tortured the two complainants by beating them to extract confessions about an alleged illegal firearm, violating their constitutional right to freedom from torture. The complainants were also illegally detained for four days beyond the constitutional 48-hour limit without being brought to court. The Attorney General was held vicariously liable for the violations committed by State agents acting in the course of their employment. The Tribunal awarded compensation totaling UGX 19,000,000 for both violations.

Outcome

Complaint allowed with compensation awarded to both complainants for violations of their constitutional rights to freedom from torture and personal liberty

Facts

On 23 June 2008, police officers from Kidongole Police Post arrested Eyamu Sam and Okello Michael on allegations of illegal possession of a firearm. At Kidongole Sub-county Headquarters, the officers beat both complainants with sticks for approximately 30 minutes to extract confessions. Eyamu Sam lost consciousness three times during the beating and sustained injuries including body bruises, a broken finger, and internal injuries causing him to urinate blood. Okello Michael also sustained facial swelling, leg swelling, and body bruises. The LC III Chairman, Ochom Martin, witnessed the beatings and ordered them stopped. Both complainants were transferred to Bukedea Police Station where they were detained for a total of six days (including one night at Kidongole) before being released on 27 June 2008 without being charged in court. Medical examinations classified their injuries as harm caused by blunt objects.

Issues

  1. Whether the complainants' right of freedom from torture, or cruel, inhuman or degrading treatment or punishment was violated by State agents
  2. Whether the complainants' right to personal liberty was violated by State agents
  3. Whether the Respondent (Attorney General) is liable for the violations
  4. Whether the complainants are entitled to any remedy

Orders

  • Complaint allowed.
  • Respondent (Attorney General) ordered to pay first complainant Eyamu Sam UGX 11,500,000 (UGX 10,000,000 for torture violation and UGX 1,500,000 for illegal detention).
  • Respondent (Attorney General) ordered to pay second complainant Okello Michael UGX 7,500,000 (UGX 6,000,000 for torture violation and UGX 1,500,000 for illegal detention).
  • Interest at 10% per annum on the total sum of UGX 19,000,000 from date of decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court within thirty (30) days from the date of this decision.

Rules and key headnotes

Torture — Definition and Elements — Intentional Infliction of Severe Pain to Extract Confession
Torture consists of three elements: (a) an act by which severe pain or suffering whether physical or mental is inflicted on a person; (b) the act is inflicted intentionally and for a purpose such as obtaining information or a confession, punishment, intimidation, coercion or for any reason based on discrimination; and (c) the act is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Burden of Proof — Torture Claims — Presumption from Unexplained Injuries
Where a complainant adduces medical evidence showing injuries sustained while in police custody and the State fails to provide an alternative explanation for how those injuries were occasioned, it will be presumed that the injuries resulted from acts of torture by State agents for which the State will be held vicariously liable.
Arrest and Detention — Constitutional Time Limits — 48-Hour Rule
A person arrested and detained upon reasonable suspicion of having committed a criminal offence must, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of arrest, and this period does not exclude Sundays or public holidays.
Vicarious Liability — State Liability for Police Officers — Course of Employment
The State is vicariously liable for tortious acts committed by police officers even if the officers acted deliberately, wrongfully, negligently or criminally, provided the acts were done in the manner of carrying out what they were employed to do or constituted a wrongful and unauthorized mode of doing some act authorized by their employment.
Remedies — Compensation for Torture — Non-Derogable Rights
Freedom from torture is a non-derogable constitutional right, and its violation constitutes a deliberate abuse warranting substantial compensation that reflects the severity of the torture, the extent of injuries sustained, and the long-term impact on the victim's productivity and quality of life.

Legislation cited (11)

Cases cited (10)

  • Fred Tumuramye v Gerald Bwete and Others (UHRC Complaint No. 264 of 1999)
  • Tomasi v France [1992] 15 EHRR 25
  • Steven Semugona v Madix Mafuge & 5 Others [1994] 11 KALR 108
  • Uganda v Abdallah Nasur (1977) HCB
  • Muwonge v Attorney General (1967) EA 17
  • Jones v Tower Boots Co. Ltd [1997] 2 All ER 406
  • Christopher Ssajabi Nsereko v Attorney General (UHRC Complaint No. 112 of 1999)
  • Matiya Byabalema and Others v Uganda Transport Company (Supreme Court Civil Appeal No. 10 of 1993)
  • Abdu Maka v Jinja District Council (High Court Civil Suit No. 60 of 2000)
  • Kisembo Milton v Attorney General (UHRC Complaint No. FP/005 of 2004)

Full judgment

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

Eyamu and Another v Attorney General 2017 UGHRC 14 (7 December 2017)
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.