Wakilii

Jaswa Samuel v Attorney General [2017] UGHRC 75

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 seeking compensation for alleged violation of right to freedom from cruel, inhuman or degrading treatment
Decision
Complaint allowed; complainant awarded general and exemplary damages totalling UGX 25,000,000 with interest at 10% per annum from date of decision until payment in full

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers attached to Paidha Police Station violated the complainant's right to freedom from cruel, inhuman and degrading treatment when they shot him in the thigh while dispersing a crowd. The Attorney General was found vicariously liable for the acts of its agents. The Tribunal awarded UGX 17,000,000 in general damages and UGX 8,000,000 in exemplary damages, with interest at 10% per annum from the date of decision.

Outcome

Complaint allowed; complainant awarded general and exemplary damages totalling UGX 25,000,000 with interest at 10% per annum from date of decision until payment in full

Facts

On 7 December 2012, the complainant Jaswa Samuel was at his workplace in Paidha Town when a riot erupted following the arrest of a murder suspect. He locked his shop and headed home, bypassing two armed police officers and one soldier. Approximately ten metres after passing them, he heard a gunshot and found himself on the ground, shot in the right thigh from behind. He was taken to Nyapea Hospital and later transferred to Nebbi Hospital where he spent three months. Medical examination revealed a gunshot wound on his mid-right leg with a compound fracture, classified as grievous bodily harm. The shooting occurred at short range of less than 10 metres. The complainant's body was weakened by the injury and he could no longer perform heavy manual work to support his family.

Issues

  1. Whether the Complainant's right to freedom from 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 UGX 17,000,000 as general damages for the violation of his right to freedom from cruel, inhuman and degrading treatment.
  • The Respondent is ordered to pay the Complainant UGX 8,000,000 as exemplary damages for the violation of his right to freedom from cruel, inhuman and degrading treatment.
  • The total sum of UGX 25,000,000 shall attract interest at 10% per annum from the date of this decision till payment in full.
  • Either party shall bear its own costs.

Rules and key headnotes

Human Rights — Freedom from Cruel, Inhuman or Degrading Treatment — Police Shooting of Unarmed Civilian
The shooting of an unarmed civilian by police officers while dispersing a crowd constitutes a violation of the right to freedom from cruel, inhuman and degrading treatment protected under Articles 24 and 44 of the Constitution of Uganda.
Administrative Law — Vicarious Liability — State Liability for Acts of Police Officers
The Attorney General is vicariously liable for acts and omissions of police officers committed in the course of their employment, including unlawful shootings during crowd dispersal operations.
Evidence — Burden of Proof — Shifting of Evidential Burden
Where a complainant adduces evidence that he was shot during a police operation and no other armed persons were present, the burden shifts to the respondent to rebut the presumption that police officers fired the shot.
Damages & Quantum — General Damages — Gunshot Injuries Causing Compound Fracture
General damages of UGX 17,000,000 are appropriate for a gunshot wound causing a compound fracture, grievous bodily harm, three months hospitalisation, and permanent disability affecting the victim's ability to perform manual work.
Damages & Quantum — Exemplary Damages — Police Misconduct
Exemplary damages are warranted where police officers fire live bullets at random into a dispersing crowd of unarmed civilians in breach of a non-derogable constitutional right and their obligation under Article 221 of the Constitution to respect human rights when performing their duties.

Legislation cited (10)

Cases cited (12)

  • Arakit Mary Margaret v Attorney General (HCCS No. 699 of 2003)
  • MTN (U) Limited v Henry Kabaale (HCCS No. 504 of 2002)
  • Kiggundu John Baptist v Ndejje University (HCCS No. 109 of 2015)
  • Akugizibwe Amon v Attorney General (UHRC Complaint No. FPT/47 of 2006)
  • Okello Tom Ibrahim v Attorney General (UHRC Complaint No. G/88/2005)
  • Apollo Amon v Attorney General (UHRC Complaint No. 2006)
  • Kasekya Kasaija Sylvan v Attorney General (HCCS No. 1147 of 1998)
  • Zimbabwe Human Rights NGO Forum v Zimbabwe AfrCommHPR, Communication No. 245/2002
  • Okello James v Attorney General (HCCS No. 574 of 2003)
  • Dr. Nganwa William and Another v Attorney General (HCCS No. 640 of 2005)
  • Matsiko Silagi Bernard and Mbagukire Peter v Attorney General (HCCS No. 383 of 2002)
  • Nabukenya Margaret v Attorney General (UHRC Complaint No. JJA/103/2004)

Full judgment

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

Jaswa Samuel v Attorney General 2017 UGHRC 75 (11 October 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.