Wakilii

Kasaija v Attorney General [2022] UGHRC 12

Tribunal · 2022 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 violation of right to personal liberty and freedom from torture
Decision
Complaint allowed with compensation awarded to complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the complainant's right to personal liberty under Article 23(4)(b) of the Constitution was violated when he was detained for 12 days beyond the lawful 48-hour period without being produced before court. The respondent's offer to settle the matter amicably and failure to challenge the complainant's evidence constituted admission of liability. The Tribunal awarded UGX 7,000,000 as general damages, applying the Commission's established rate of UGX 300,000 per day of illegal detention and considering the current value of money.

Outcome

Complaint allowed with compensation awarded to complainant

Facts

On 1 June 2012, Kasaija Patrick was arrested from Mpanga Market by police officers from Fort Portal Police Station on allegation of theft. He was detained at the police station for approximately two weeks before being remanded at Katojo Prison. During detention, the Officer in Charge Criminal Investigations, Mr. Mugarura Stephen, allegedly beat him with a hoe handle, causing him to lose two teeth and suffer injuries to his back, knee, and elbow. The certified lockup register confirmed he was detained for 14 days before being produced before court. The complainant initially sought compensation for violation of both his right to personal liberty and freedom from torture. During the hearing, the respondent's counsel offered to settle the matter amicably but only in respect of the personal liberty violation. The complainant agreed to drop the torture claim and proposed settlement at UGX 5,600,000, which the respondent accepted but never finalized despite multiple adjournments over two years.

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 violation.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is wholly allowed.
  • The Attorney General is ordered to pay to Kasaija Patrick a total sum of UGX 7,000,000 (Uganda Shillings Seven Million only) as general damages for the violation of his right to personal liberty and inconveniences suffered.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court of Uganda within 30 days from the date of this decision if not satisfied with this decision of the Tribunal.

Rules and key headnotes

Human Rights — Personal Liberty — Illegal Detention — Constitutional Limits on Pre-Trial Detention
Article 23(4)(b) of the Constitution of Uganda 1995 prohibits detention of a person beyond 48 hours without being produced before court. Detention for 12 days beyond the lawful period constitutes a violation of the right to personal liberty.
Administrative Law — State Liability — Admission of Liability — Conduct Constituting Admission
Where a respondent offers to settle a human rights complaint amicably, requests the complainant to provide a written proposal, accepts the proposed quantum, and fails to challenge the complainant's evidence, such conduct constitutes admission of liability under Rule 20(a) of the Uganda Human Rights Commission (Procedure) Rules 1998.
Human Rights — Damages — Assessment of Quantum — Rate per Day of Illegal Detention
The Uganda Human Rights Commission Tribunal applies a daily rate of UGX 300,000 for each day of illegal detention when assessing compensation for violation of the right to personal liberty, adjusted upward to account for the current value of money in terms of goods and services it can purchase.
Constitutional Law — Police Powers — Duty of Care — Treatment of Detainees
Police officers have a constitutional duty under Article 211 to ensure the health and personal security of persons in their custody. Where a detainee is subjected to physical harm during detention, the detaining authority has a duty to provide adequate medical attention regardless of whether the detainee requests it.

Legislation cited (9)

Cases cited (1)

  • Matiya Byabalema and Others v Uganda Transport Company (SCCA No. 10 of 1993)

Full judgment

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

Kasaija v Attorney General 2022 UGHRC 12 (15 January 2022)
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.