Wakilii

Kayemba v Attorney General [2019] UGHRC 72

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 torture and unlawful detention by UPDF soldiers
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

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. 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 10% interest per annum from the date of decision.

Outcome

Complaint allowed with compensation awarded to complainant

Facts

On 6 February 2009, Kayemba Moses Henry, a UPDF private (RA 132722) attached to Mubende Military Barracks, was arrested by six soldiers on orders of Major Mugerwa who accused him of stealing guns. The complainant refused to make a statement admitting the theft. Over three consecutive days starting 7 February 2009, four soldiers (including Okiring, Odongo, and Tugume) beat him with batons and kicked him under Major Mugerwa's direct orders and supervision. Major Mugerwa ordered the beating to continue until the complainant knelt and apologised, which he refused to do. The beating caused severe injuries including dislocation of his right leg joint, bleeding, and loss of consciousness. 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 and underwent surgery on his leg. Two eyewitnesses, both residents of the barracks, corroborated the beatings. The respondent called no defence witnesses.

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 Kayemba Moses Henry UGX 22,000,000 as general damages (UGX 16,000,000 for torture and UGX 6,000,000 for unlawful detention).
  • Interest at 10% per annum on UGX 22,000,000 from date of decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court within 30 days.

Rules and key headnotes

Torture — Definition and Elements — Application of UNCAT Definition
The definition of torture under Article 1 of the United Nations Convention Against Torture applies to acts occurring before the Prevention and Prohibition of Torture Act 2012 came into operation. Torture comprises four key elements: (i) an act resulting in severe physical or mental suffering; (ii) intentional infliction; (iii) carried out for purposes such as obtaining information, punishment, intimidation or coercion; and (iv) perpetrated by or with the consent or acquiescence of a public official acting in official capacity.
Proof of Assault — Medical Evidence Not Mandatory
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 constitutes evidence of assault. Medical evidence serves to prove the gravity of the assault, not its occurrence.
Inconsistencies in Testimony — Effect on Credibility
Not every inconsistency in a witness's testimony results 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 they point to deliberate untruthfulness.
Vicarious Liability — Master and Servant — Acts in Course of Employment
A master is liable for the acts of a servant even if the servant is acting deliberately, wrongfully, negligently or criminally, and even if acting for his own benefit, provided what the servant did was in the manner of carrying out what he was employed to carry out.
Detention — Burden of Proof — Injury in Custody
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 establishing the authority's responsibility.
Failure to Adduce Defence Evidence — Effect
Where a complainant argues issues before a tribunal and the respondent fails to adduce any defence evidence in rebuttal, the issues raised by the complainant are deemed to have been admitted.
Remedies — Compensation for Torture and Unlawful Detention
Article 53(2)(b) of the Constitution empowers the Uganda Human Rights Commission to order redress including payment of compensation where it is satisfied that there has been an infringement of a human right or freedom. Compensation is awarded as general damages for violations of the right to freedom from torture and the right to personal liberty.

Legislation cited (6)

Cases cited (7)

  • Fred Kainamura and Another v Attorney General (1994) KALR 92
  • Serapio Tinkamalirwe v Uganda (SCCA 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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The original judgment as reported. Read the original PDF before relying on any passage.

Kayemba v Attorney General 2019 UGHRC 72 (12 February 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.