Wakilii

Kamulegeya Godfrey v Attorney General [2019] UGHRC 44

Tribunal · 2019 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 unlawful detention and torture by state agents
Decision
Complaint allowed with compensation awarded to the complainant for violations of his rights to personal liberty and freedom from torture

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's right to personal liberty was violated when he was detained for two weeks and four days beyond the constitutional 48-hour limit. The Tribunal further held that the complainant's right to freedom from torture was violated when state agents intentionally inflicted severe pain and suffering by beating him with batons on his joints and tying sticks to his fingers to extract information about a land transaction. The Attorney General was held liable for both violations. Compensation of UGX 6,000,000 was awarded for torture and UGX 7,500,000 for unlawful detention.

Outcome

Complaint allowed with compensation awarded to the complainant for violations of his rights to personal liberty and freedom from torture

Facts

On 20 May 2006, the complainant was arrested at his home by armed men in civilian clothes, one identified as Mugerwa from the Violent Crime Crack Unit. During transport to Kabalagala Police Station, the complainant was beaten with batons on his ankles, elbows and knees, and had sticks tied to his fingers with rubber bands which he was forced to bang on his lap. He was detained at Kabalagala Police Station for four days before being released on police bond. On 11 June 2006, he was re-arrested by Joint Anti-Terrorism Taskforce operatives and detained at Central Police Station for over two weeks before being produced in court on 29 June 2006. He was remanded to Luzira Prison and later released on bail on 11 August 2006. The complainant was ultimately acquitted of the charges. He suffered joint pain requiring medical treatment.

Issues

  1. Whether the Respondent's agents violated the Complainant's right to personal liberty.
  2. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated and if so, who is liable.
  3. Whether the Complainant merits any remedy.

Orders

  • Complaint allowed.
  • Respondent (Attorney General) ordered to pay UGX 6,000,000 as compensation for violation of the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Respondent (Attorney General) ordered to pay UGX 7,500,000 as compensation for violation of the Complainant's right to personal liberty.
  • Total sum of UGX 13,500,000 to carry interest at court rate from the date of decision until payment in full.
  • Each party to bear their own costs.

Rules and key headnotes

Right to Personal Liberty — Constitutional 48-Hour Limit — Unlawful Detention Beyond Statutory Period
A person arrested or detained for the purpose of bringing him or her before a court 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 detention beyond this period constitutes a violation of the right to personal liberty under Article 23(4) of the Constitution.
Torture — Definition and Elements — Intentional Infliction of Severe Pain to Extract Information
Torture is established where state agents intentionally inflict severe pain or suffering, whether physical or mental, for the purpose of obtaining information or a confession, and the actions are carried out by or at the instigation of or with the consent or acquiescence of a public official or other person acting in official capacity.
State Liability — Vicarious Liability for Acts of Security Agents — Attorney General as Proper Defendant
The Attorney General is liable for violations of human rights committed by state security agents acting in the course of their official duties, and it is not necessary for a complainant to identify by name the specific officers who committed the violations where the complainant can establish that the perpetrators were state agents.
Burden of Proof — Failure to Adduce Evidence in Defence — Acceptance of Uncontroverted Evidence
Where a party closes its case and the opposing party offers no evidence and makes no submissions despite being given adequate opportunity to do so, the evidence adduced by the party who presented their case must be accepted as the truth, as the party who failed to adduce evidence is deemed to have waived their right to defend the matter.
Witness Credibility — Treatment of Inconsistencies — Minor Inconsistencies Distinguished from Grave Inconsistencies
A witness may be untruthful in certain aspects of their evidence but truthful in the main substance of their evidence, and minor inconsistencies may have no adverse effect on testimony unless they point to deliberate untruthfulness, whereas grave inconsistencies may result in rejection of evidence unless satisfactorily explained.
Remedies — Compensation for Torture — Factors in Assessment of Quantum
When granting compensation for violation of the right to freedom from torture, the tribunal shall consider the absolute nature of the right violated, the innocence of the complainant, previous awards in cases of a similar nature, the unjustifiable nature of the respondent's actions, the non-derogability of the right, and the extent of injuries sustained.
Remedies — Compensation for Unlawful Detention — Inflation Adjustment of Awards
When awarding compensation for unlawful detention, the tribunal shall consider the current value of money and adjust awards to account for inflation where the violation occurred several years before the decision, ensuring that compensation reflects the economic realities at the time of the award.

Legislation cited (19)

Cases cited (11)

  • Wintwerp v The Netherlands (1979-80) 2 HRR 387
  • Makomberedze v Minister of State (Security) [1987] LRC (Const) 504
  • Uganda v Abdallah Nassur [1982] HCB
  • Juuko Ibrahim v Uganda (Criminal Appeal No. 058 of 2013)
  • George Asiimwe v Attorney General (HCCCS No. 481 of 1997)
  • Uganda v Nansamba Robinah (Criminal Sessions Case No. 0152 of 2015)
  • Attorney General v Ssengomwami Ssemanda Dick (Civil Appeal No. 65 of 2004)
  • Akot Catherine v Attorney General (Civil Appeal No. 002 of 2017)
  • Isabirye Kiwule v Attorney General (UHRC/J/35/2003)
  • Matiya Byabalema & Others v Uganda Transport Company (SCC 10 of 1993)
  • Ayebazibwe Pidson v Attorney General (UHRC/MBA/31/2009)

Full judgment

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

Kamulegeya Godfrey v Attorney General 2019 UGHRC 44 (19 August 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.