Wakilii

Kashaija Sulaiman v Uganda [2018] UGHRC 71

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 alleging unlawful arrest, detention, torture, and property destruction by police officers
Decision
Complaint allowed; Attorney General ordered to pay damages to the estate of the deceased complainant

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 freedom from torture and right to personal liberty were violated when police officers detained him for ten days beyond the constitutional 48-hour limit and beat him for 30 minutes to force him to vacate disputed land. The Tribunal found the Attorney General vicariously liable and awarded UGX 8,900,000 in general damages. The claim for violation of the right to property was dismissed for insufficient evidence.

Outcome

Complaint allowed; Attorney General ordered to pay damages to the estate of the deceased complainant

Facts

On 1 August 2009, Kashaija Sulaiman was arrested by police officers from Kazo Police Post on allegations of malicious damage to property. He was detained at Kazo for two days, then transferred to Rushere Police Station (now Kiruhura Police Station) on 3 August 2009. While at Rushere, the OC CID beat him with a stick for 30 minutes on his back, arms, buttocks, knees and ankles, warning him to vacate disputed land or die. He was detained in a cell containing water. According to the lock-up register, he was booked in on 4 August 2009 and released on bond on 16 August 2009, a total detention period of 12 days. He was never charged with any offence. The complainant's wives corroborated his testimony, stating they saw him with bruises, swollen joints, and in a weakened condition during visits to the police stations. The complainant later passed away before the Tribunal's decision.

Issues

  1. Whether the Complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by the Respondent.
  2. Whether the Complainant's right to personal liberty was violated by the Respondent.
  3. Whether the Complainant's right to property was violated by the Respondent's agents.
  4. Whether the Complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay to the estate of Kashaija Sulaiman a total of UGX 8,900,000 as damages.
  • General damages for violation of right to personal liberty: UGX 2,900,000.
  • General damages for violation of right to freedom from torture or cruel, inhuman and degrading treatment or punishment: UGX 6,000,000.
  • Interest at the rate of 10% per annum to be paid on the total amount from the date of this decision until payment in full.
  • Each party to meet their own costs.

Rules and key headnotes

Torture — Definition and Elements — Four Ingredients Under CAT
To constitute torture under Article 1 of the Convention Against Torture, four ingredients must be proved: (1) actions caused severe pain and suffering to the victim both physical or mental; (2) actions were intentionally inflicted on the victim; (3) intention was to obtain information, or for punishment, or intimidation or coercion, or for any reason based on discrimination; and (4) actions were committed by or at the instigation of a public official or another person acting in an official capacity.
Torture — Burden of Proof — Police Duty to Explain Injuries
Where an individual is taken into police custody in good health but is found to be injured on release, it is incumbent on the police authority to provide a plausible explanation as to the cause of the injury, failing which a clear issue arises that must be answered by the respondent.
Medical Evidence — Proof of Assault — Not Always Required
It is not a requirement of law that every allegation of assault must be proved by medical evidence. If a witness describes injuries clearly, that is evidence of assault. Medical evidence helps to prove the gravity of the assault but its absence is not necessarily fatal to a case if other evidence of sufficient quality is available.
Personal Liberty — Constitutional Safeguards — 48-Hour Rule
Article 23(4)(b) of the Constitution requires that a person arrested or detained on suspicion of having committed a criminal offence 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. Detention beyond this period without being brought to court constitutes a violation of the right to personal liberty.
Vicarious Liability — State Liability for Acts of Police Officers
Once the actions or omissions of a servant (police officer) have been proved to have been part of the process of the servant's duty for which he was employed, they render the master (the State through the Attorney General) vicariously liable, even though the actions were carried out contrary to orders, deliberately, wantonly, criminally, negligently, or for the servant's own benefit, as long as what the servant did was merely a manner of carrying out what that servant was employed to do.
Damages — Assessment — Current Value of Money
Courts and tribunals ought to assess the amount of damages taking into account the current value of money in terms of what goods and services it can purchase at present, and the basic purpose of damages is to put the victim in the position he would have been had he not suffered the wrong.

Legislation cited (17)

Cases cited (16)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Fred Tumuramye v Gerald Bwete and Others (UHRC Complaint No. 264 of 1999)
  • Fred Kainamura and Another v Attorney General [1994] KALR 92
  • Blandina Nshakiira v Kampala City Council (HCCS No. 248 of 2002)
  • Aksoy v Turkey (1995) 21 EA 573
  • Edeku v Attorney General [1995] XL KALR 24
  • Uganda v Abdullah Nasur [1977] HCB
  • Mujuni v Uganda (HCT-04-CR-CN)
  • Muwonge v Attorney General (1967) EA 17
  • Jones v Boots Co. Ltd [1997] ALL ER 40B
  • Komakech Patrick through his next Friend Sabino Kidega And Opio Walter through his next Friend Dominic Atare Vs Attorney General
  • Matiya Byabalema and Others v Uganda Transport Company (SCCA No. 10 of 1993)
  • Agaba Bernard v Attorney General (UHRC 2008-2011)
  • Dr Denis Lwamafa v Attorney General (CS No. 79 of 1983)
  • George Paul Enienyu and Another v Attorney General (No. 109 of 1994)
  • Enyiku Daniel v Attorney General (UHRC Complaint No. SRT/87 of 2005)

Full judgment

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

Kashaija Sulaiman v Uganda 2018 UGHRC 71 (22 May 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.