Wakilii

Kayemba Moses Henry v Attorney General [2018] UGHRC 39

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 torture and unlawful detention by UPDF soldiers
Decision
Complaint allowed with damages awarded to the complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that UPDF soldiers acting under orders from Major Mugerwa tortured the complainant by beating him for three days causing severe injuries including joint dislocation, and unlawfully detained him beyond 48 hours without charge or trial. The State was held vicariously liable. The complainant was awarded UGX 22,000,000 in general damages: UGX 16,000,000 for torture and UGX 6,000,000 for unlawful detention, with interest at 10% per annum from the date of judgment.

Outcome

Complaint allowed with damages awarded to the complainant

Facts

The complainant, a UPDF private attached to Mubende Military Barracks, was arrested on 6 February 2009 after Major Mugerwa accused him of stealing guns. He refused to make a statement admitting the allegation. On 7 February 2009, four soldiers acting on Major Mugerwa's orders beat him using batons and kicked him for three consecutive days. The beating caused severe injuries including dislocation of his right leg joint, loss of consciousness, and injuries to his hand, ribs, lower abdomen and back. He was detained at the quarter guard for approximately four to six months without being taken to court. Upon release, he was admitted to Mubende Hospital for two months for treatment including surgery on his leg. Two eyewitnesses, a soldier's wife residing in the barracks and a fellow UPDF soldier, corroborated the complainant's account of the beatings and detention.

Issues

  1. Whether the complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents.
  2. Whether the complainant's right to personal liberty was violated by State agents.
  3. Whether the respondent is liable for the violations.
  4. Whether the complainant is entitled to any remedy.

Orders

  • Complaint allowed.
  • Attorney General ordered to pay the complainant UGX 22,000,000 as general damages.
  • UGX 16,000,000 awarded for violation of the right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • UGX 6,000,000 awarded for violation of the right to personal liberty.
  • Interest at 10% per annum on UGX 22,000,000 from the date of decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court within thirty days from the date of decision.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Intentional Infliction of Severe Pain by State Agents
Torture under the UN Convention Against Torture requires four elements: (1) an act resulting in severe physical or mental suffering or pain; (2) intentional infliction on the victim; (3) carried out for purposes such as obtaining information, punishment, intimidation or coercion; and (4) carried out by or with the instigation, consent or acquiescence of a public official or person acting in official capacity.
Evidence — Proof of Assault — Medical Evidence Not Required
It is not a requirement of law that every allegation of assault must be proved by medical evidence. If a witness testifies to being boxed and kicked, that is evidence of assault. Medical evidence helps to prove the gravity of the assault but is not essential to establish that assault occurred.
Evidence — Inconsistencies in Testimony — Effect on Credibility
Not every inconsistency in a witness's testimony will result in rejection of the evidence. Only grave inconsistencies, unless satisfactorily explained, will usually result in rejection of a witness's evidence. Minor inconsistencies will not have a negative effect unless the court considers that they point to deliberate untruthfulness.
Human Rights — Unlawful Detention — Burden of Explanation on State
Where an individual is taken into custody in good health but is found to be injured on release, it is incumbent on the detaining authority to provide a plausible explanation as to the cause of the injury, failing which a clear issue arises as to State responsibility for the injuries.
Administrative Law — Vicarious Liability — Master and Servant — Acts in Course of Employment
Even if a servant is acting deliberately, wrongfully, negligently or criminally, and even if acting for his own benefit, if what he did was in the manner of carrying out what he was employed to carry out, then his acts are those for which the master is to be held liable.
Evidence — Failure to Adduce Defence Evidence — Deemed Admission
Any issues argued before a court or tribunal by the plaintiff or complainant must be deemed to have been admitted where the defendant or respondent fails to adduce any defence evidence in rebuttal.
Damages & Quantum — General Damages — Torture and Unlawful Detention — Assessment
In assessing general damages for torture involving daily beatings over three days causing joint dislocation, loss of consciousness and requiring two months hospitalisation, an award of UGX 16,000,000 is appropriate. For unlawful detention beyond 48 hours for an uncertain period between four to six months, an award of UGX 6,000,000 is appropriate.

Legislation cited (6)

Cases cited (7)

  • Fred Kainamura and Another v Attorney General (1994) KALR 92
  • Serapio Tinkamalirwe v Uganda (Supreme Court Criminal Appeal No. 27 of 1989)
  • Muwonge v Attorney General (1967) EA 17
  • Aksoy v Turkey (1995) 21 EA 573
  • Edeku v Attorney General (1995) XI KALR 24
  • Busingye David v Attorney General and Asiimwe Yasin (UHRC Complaint No. FP/13 of 2006)
  • Mugisa John Bosco and Bizimungu Alex v Attorney General (UHRC Complaint No. 097 of 2003)

Full judgment

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Kayemba Moses Henry v Attorney General 2018 UGHRC 39 (12 February 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.