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Kagolo Matia and Bulimwezi Simon v Attorney General [2019] UGHRC 54

Tribunal · 2019 Complaint Partly 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 unlawful detention and torture by police officers
Decision
Complaint partly allowed with compensation awarded to both complainants for unlawful detention and to the second complainant for torture

Observed later treatment

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Holding

The Tribunal held that both complainants' right to personal liberty under Article 23(4)(b) of the Constitution was violated by unlawful detention exceeding 48 hours. The first complainant was detained unlawfully for 23 days and the second for 25 days. The Tribunal further held that the second complainant's right to freedom from torture under Article 24 was violated when he was beaten during interrogation. The Respondent was found vicariously liable for the actions of police officers acting within the scope of their employment. Compensation totalling UGX 11,600,000 was awarded.

Outcome

Complaint partly allowed with compensation awarded to both complainants for unlawful detention and to the second complainant for torture

Facts

The complainants, residents of Rakai District, were arrested by police officers on allegations of murdering Joyce Kamasazi. The first complainant was arrested on 27 December 2013 and the second on 30 December 2013. Both were detained at Kakuuto Police Post, then transferred to Rakai Police Station where they were held for approximately two weeks. They were subsequently transferred to Masaka Regional Police Headquarters where they remained in detention until 24 January 2014 when they were finally taken to court. The first complainant alleged he was beaten during arrest. The second complainant alleged that during interrogation at Masaka, he was beaten with a big stick on the head and threatened with a gun to force a confession. Lock-up registers from both Rakai and Masaka police stations confirmed the periods of detention.

Issues

  1. Whether the Complainants' right to personal liberty was violated?
  2. Whether the Complainants' right to freedom from torture or cruel, inhuman and degrading treatment or punishment was violated?
  3. Whether the Respondent is vicariously liable?
  4. Whether the Complainants are entitled to any remedies?

Orders

  • The complaint is partly allowed.
  • The Respondent is ordered to pay to the 1st Complainant Kagolo Matia a sum of UGX 4,600,000 as compensation for the violation of his right to personal liberty as protected under Article 23(4)(b) of the Constitution.
  • The Respondent is ordered to pay to the 2nd Complainant Bulimwezi Simon a sum of UGX 5,000,000 as compensation for the violation of his right to personal liberty as protected under Article 23(4)(b) of the Constitution.
  • The Respondent is ordered to pay to the 2nd Complainant Bulimwezi Simon a sum of UGX 2,000,000 as compensation for the violation of his right to freedom from torture as protected under Articles 24 and 44(a) of the Constitution.
  • The total sum of UGX 11,600,000 shall carry interest at 10% per annum calculated from the date of the decision until payment in full.
  • Either party not satisfied with this decision has the right to appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Human Rights — Right to Personal Liberty — Constitutional Guarantee — 48-Hour Rule
Article 23(4)(b) of the Constitution guarantees that a person detained or restricted on suspicion of having committed an offence must be taken to court not later than 48 hours, and any detention beyond this period without being brought before a court constitutes a violation of the right to personal liberty.
Human Rights — Freedom from Torture — Definition and Elements
For an act to amount to torture under Section 2 of the Prevention and Prohibition of Torture Act 2012, there must be severe pain or suffering whether physical or mental, intentionally inflicted for a prohibited purpose such as obtaining information or a confession, punishing a person, or intimidating or coercing a person.
Administrative Law — Vicarious Liability — State Liability for Acts of Police Officers
A master is liable for the acts of his servant committed within the course of employment, and the State is vicariously liable for tortious actions of police officers who arrest and detain persons while operating within the scope of their duty.
Human Rights — Remedies — Compensation for Unlawful Detention
In determining quantum of damages for unlawful detention, the Tribunal takes into account the period of time that the complainant spent in unlawful detention, with compensation calculated proportionally to the number of days detained beyond the constitutional 48-hour limit.

Legislation cited (8)

Cases cited (7)

  • Issa Wazembe v Attorney General (HCCS No. 154 of 2016)
  • Salvatory Abuki and Another (SCCA No. 1 of 1998)
  • Hon. Okupa Ellijah and 2020 Others v Attorney General and 3 Others (HCMC No. 14 of 2005)
  • Muwonge v Attorney General [1967] EA 18
  • Otim Solomon v Nsereko Anthony and Another (HCCS No. 275 of 2014)
  • Himanshu Dalia v Attorney General (UHRC Complaint No. 117/2002)
  • Egesa Nour v Attorney General (UHRC Complaint No. 280/2004)

Full judgment

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

Kagolo Matia and Bulimwezi Simon v Attorney General 2019 UGHRC 54 (11 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.