Wakilii

Kilama Robert v Attorney General [2017] UGHRC 32

Tribunal · 2017 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 cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed; nominal damages awarded to complainant for cruel, inhuman and degrading treatment by police officers

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers assaulted the complainant during arrest by beating him with batons, causing soft tissue injuries. While the degree of assault did not amount to torture as defined by the Convention Against Torture, it constituted cruel, inhuman and degrading treatment. The complainant was awarded nominal damages of UGX 1,000,000 for the violation of his constitutional right under Article 24.

Outcome

Complaint allowed; nominal damages awarded to complainant for cruel, inhuman and degrading treatment by police officers

Facts

On 6 June 2008 at approximately 9:30am near Gulu Bus Park, the complainant approached Mr. Omara regarding mobile phones suspected stolen from the complainant in January 2008. The complainant attempted to take Omara to Gulu Central Police Station. A quarrel ensued and Okot Nelson, who worked with Omara, reported the incident to the bus park police post. Two police officers were sent to arrest both men. During the arrest, the complainant was held and pulled by his belt to the police station while Omara was not arrested. The complainant alleged he was boxed, stepped on, beaten with a baton on his left knee by Opio Wilfred, and bitten by a female police officer named Laker Harriet. He was released the following day on police bond. Medical examination at Mola Medical Centre on 18 June 2008 revealed anemia, traumatic bruised wound, and injury on the left lower back, classified as soft tissue injury. The stolen phones were later recovered and the case closed.

Issues

  1. Whether the complainant's right to freedom from torture, cruel, inhuman or degrading treatment or punishment was violated.
  2. Whether the complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the complainant Kilama Robert UGX 1,000,000 (Uganda Shillings One Million only) being nominal damages for violation of his right to freedom from cruel, inhuman or degrading treatment or punishment.
  • Interest at the rate of 10% per annum is payable on this amount calculated from the date of this decision until payment in full.
  • Each party to bear their own costs.

Rules and key headnotes

Human Rights — Torture and Cruel Treatment — Definition of Torture — Elements Required
Torture as defined by Article 1 of the Convention Against Torture requires three elements: (a) an act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person; (b) for a purpose such as obtaining information or a confession, punishment, intimidation, coercion or for any reason based on discrimination; and (c) the act is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Human Rights — Cruel, Inhuman or Degrading Treatment — Distinction from Torture — Degree of Severity
Assault by police officers during arrest that causes soft tissue injuries may constitute cruel, inhuman and degrading treatment even where the degree of assault does not meet the threshold of torture, particularly where the reason for the beating is not established and the treatment was inflicted by public officials in the course of their employment.
Evidence — Burden of Proof — Human Rights Complaints — Standard Required
In human rights complaints, the burden of proof lies with the person asserting that his or her rights have been violated, in accordance with Section 101(1) of the Evidence Act, which provides that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he or she asserts must prove that those facts exist.
Damages & Quantum — Nominal Damages — Human Rights Violations — Award Where Legal Right Infringed
Nominal damages are awarded in cases where there is a breach of a legal right which, although it gives no right to any real damages, gives a right to judgment because the legal right has been infringed, and are appropriate where police committed a tortious wrong during arrest in the course of diligently executing their mandate of apprehending criminals.
Human Rights — Remedies — Constitutional Mandate of UHRC — Power to Award Compensation
Under Article 53(a)(b)(c) of the Constitution, the Uganda Human Rights Commission may, if satisfied that there has been an infringement of a human right or freedom, order the payment of compensation or any other legal remedy or redress.

Legislation cited (6)

Cases cited (2)

  • Fred Tumuramye and Gerald Bwete & Others (UHRC No. 264 of 1999)
  • Olupot John Bosco v Attorney General (SRT 377 of 2003)

Full judgment

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

Kilama Robert v Attorney General 2017 UGHRC 32 (21 November 2017)
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.