Wakilii

Kaddu Andrew and Another v Attorney General [2018] UGHRC 58

Tribunal · 2018 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 torture and unlawful detention
Decision
Complaint allowed; compensation awarded to both complainants for torture and unlawful detention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers violated the complainants' constitutional rights to freedom from torture and personal liberty. The complainants were beaten with gun butts and batons while in custody to coerce confessions, and were detained for four days when the lawful period was 48 hours. The Attorney General was held vicariously liable. Each complainant was awarded UGX 5,000,000 for torture and UGX 600,000 for unlawful detention.

Outcome

Complaint allowed; compensation awarded to both complainants for torture and unlawful detention

Facts

On 26 February 2012 at 11:00pm, Kaddu Andrew and Ngobi Harid were arrested by police officers attached to Kisubi Police Station on allegations of theft. They were detained at Kisubi Police Station until 29 February 2012 when they were released on police bond. While in custody, they were beaten by police officers on the ankles and knee joints using gun butts and a baton to coerce them to produce the alleged stolen property. The complainants alleged that these actions violated their rights to freedom from torture and personal liberty. The Respondent denied liability but did not cross-examine the second complainant or any witnesses, called no defence witnesses, and filed no submissions. A lockup register confirmed the complainants were detained for four days. Witnesses corroborated the complainants' testimony, including one witness who saw a police officer beating one complainant with a stick.

Issues

  1. Whether the Respondent's agents violated the Complainants' rights to protection from torture or cruel, inhuman or degrading treatment or punishment.
  2. Whether the Complainants' rights to personal liberty were violated by the Respondent's agents.
  3. Whether the Respondent (Attorney General) is liable for the violations.
  4. Whether the Complainants are entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the 1st Complainant Kaddu Andrew a sum of UGX 600,000 as compensation for the violation of his right to personal liberty.
  • The Respondent is ordered to pay to the 2nd Complainant Ngobi Harid a sum of UGX 600,000 as compensation for the violation of his right to personal liberty.
  • The Respondent is ordered to pay to the 1st Complainant Kaddu Andrew a sum of UGX 5,000,000 as compensation for the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The Respondent is ordered to pay to the 2nd Complainant Ngobi Harid a sum of UGX 5,000,000 as compensation for the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The sum of UGX 11,200,000 will carry interest at court rate from the date hereof until payment in full.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Severe Pain Intentionally Inflicted to Obtain Confession
Torture is established where severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by a public official for the purpose of obtaining information or a confession, punishing, intimidating or coercing the person.
Human Rights — Torture — Proof — Medical Evidence Not Required
It is not a requirement in law that every allegation of assault or torture must be proved by medical evidence.
Constitutional Law — Personal Liberty — Detention Beyond 48 Hours — Violation of Article 23(4)(b)
Where a person is arrested on reasonable suspicion of having committed a criminal offence, the person must be produced in court within 48 hours or released. Detention beyond 48 hours without production in court violates the constitutional right to personal liberty under Article 23(4)(b) of the Constitution.
Administrative Law — Vicarious Liability — Government Liability for Acts of Police Officers
The government is vicariously liable for torts committed by its servants or agents, including police officers acting in the course of their duty, whether the act is authorised or an unauthorised act done in a wrongful manner.
Damages & Quantum — Human Rights Violations — Compensation for Unlawful Detention
The practice of the Uganda Human Rights Commission Tribunal is to award UGX 2,000,000 for every seven days of unlawful confinement, calculated on a pro rata basis for shorter periods.
Damages & Quantum — Human Rights Violations — Compensation for Torture — Assessment Based on Severity
Compensation for torture is assessed based on the degree and severity of the cruelty and inhuman treatment, taking into account that freedom from torture is an absolute and non-derogable right under Article 44 of the Constitution.

Legislation cited (15)

Cases cited (5)

  • Fred Kainamura v Attorney General and Others (1994 KALR 92)
  • George Assimwe v Attorney General (HCCS No. 481 of 1997)
  • Lister v Hesley Hall Ltd [2001] UKHL 22
  • Agaba Bernard v Attorney General (UHRR 2008-2011)
  • Kisembo Milton v Attorney General (FP/005/2004)

Full judgment

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

Kaddu Andrew and Another v Attorney General 2018 UGHRC 58 (10 April 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.