Wakilii

Kamaria Naluzze v Attorney General [2018] UGHRC 43

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging unlawful arrest and detention by state agents
Decision
Complainant awarded compensation for unlawful detention

Observed later treatment

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Holding

The Tribunal held that the complainant's right to personal liberty under Article 23 of the Constitution was violated when she was arrested by Joint Anti-Terrorism Task Force operatives and detained for three weeks without being brought to court within 48 hours as required by law. The Attorney General was found vicariously liable under the Government Proceedings Act for the actions of state security agents acting in official capacity. The complainant was awarded UGX 7,500,000 as general damages for unlawful detention and denial of access to relatives.

Outcome

Complainant awarded compensation for unlawful detention

Facts

On 12 November 2010, the complainant was arrested from her shop at Kibuli by UPDF soldiers in civilian clothing who identified themselves as Joint Anti-Terrorism Task Force (JATT) operatives. She was interrogated about her daughter's whereabouts and alleged connections to rebel activities. The complainant was detained at JATT offices at Kololo for three weeks, during which she was interrogated and on Wednesdays and Thursdays taken to the Chieftaincy of Military Intelligence. She was denied the right to contact her relatives. When her niece attempted to visit her at JATT offices, she was denied entry and told no such person was detained there. The complainant was released on 1 December 2010 after three weeks in detention without being brought before any court. Upon release, unidentified men demanded money from her family, receiving UGX 90,000.

Issues

  1. Whether the Complainant's right to personal liberty was violated by State agents.
  2. Whether the Respondent (Attorney General) is liable for the violations against the Complainant's rights.
  3. Whether the Complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay to the Complainant Kamaria Naluzze a sum of UGX 7,500,000 as general damages for the violation of her right to personal liberty.
  • The said amount of UGX 7,500,000 will carry interest at rate of 10% per annum from the date of this decision until payment in full.
  • Each party shall bear their own costs.

Rules and key headnotes

Right to Personal Liberty — Unlawful Detention — Constitutional Requirements
A person arrested or detained upon reasonable suspicion of having committed or being about to commit a criminal offence must, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of detention as required by Article 23(1) of the Constitution.
Right to Personal Liberty — Duty of Security Forces to Respect Human Rights
Article 221(1) of the Constitution imposes a duty on the UPDF, Uganda Police Force, Uganda Prison Service, all intelligence services and the national security council to observe and respect human rights and freedoms in the performance of their functions.
Right to Personal Liberty — Denial of Access to Relatives
Article 23(5)(a) of the Constitution requires that where a person is arrested or detained, the next of kin of that person shall, at the request of that person, be informed as soon as practicable of the restriction or detention. Denial of such access constitutes a violation of constitutional rights.
Vicarious Liability — Government Liability for Acts of Security Agents
Under section 3 of the Government Proceedings Act Cap 77, the government is liable for all torts committed by its servants or agents. The Attorney General is vicariously liable for violations of human rights committed by security operatives including the Joint Anti-Terrorism Task Force when acting in official capacity.
Remedies — Compensation for Unlawful Detention
Article 23(7) of the Constitution provides that a person unlawfully arrested, restricted or detained by any other person or authority shall be entitled to compensation from that other person or authority whether it is the State or any agency of the State. Human rights and freedoms would serve no purpose if their violation did not attract redress to the victims.

Legislation cited (16)

Cases cited (3)

  • Boaz Abungu Wanjala v Registered Trustees of Mengo Hospital (UHRC Complaint No. 620 of 1999)
  • Christopher Ssajabi Nsereko v Attorney General (UHRC Complaint No. 112 of 1999)
  • Lister v Hesley Hall Ltd [2001] UKHL 22

Full judgment

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

Kamaria Naluzze v Attorney General 2018 UGHRC 43 (9 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.