Wakilii

Kisakye Byaruhanga v Attorney General And 5 Others (Miscellaneous Cause 189 of 2022)

High Court · [2024] UGHCCD 199 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of human rights under Article 50(4) of the Constitution and Human Rights (Enforcement) Act, 2019
Decision
Application dismissed with costs

Observed later treatment

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Holding

The applicant failed to prove torture or fundamental rights violations arising from his arrest and detention for obtaining goods by false pretence. Released on police bond the same day within 48 hours, informed of charges with legal representation present, and detained at a lawful facility. No evidence of physical or psychological injury presented. Application dismissed with costs.

Outcome

Application dismissed with costs

Facts

The applicant and 2nd respondent entered into a business arrangement whereby the 2nd respondent supplied goods for sale to the applicant who would pay in instalments. The applicant defaulted on payments, owing a disputed amount. The 2nd respondent engaged the 3rd and 4th respondents, who are court bailiffs, to recover the debt. The bailiffs involved a police officer (6th respondent) who arrested the applicant on charges of obtaining goods by false pretence and took him to Wandegeya Police Station. The applicant was released on police bond the same day after intervention by his advocate. The applicant claimed he was subjected to physical and psychological torture during arrest and detention, and that police were used as a debt collection agency. He sought enforcement of his constitutional rights, compensation, and various remedies including acquittal from criminal charges.

Issues

  1. Whether the Applicant was subjected to torture.
  2. Whether the Fundamental Human Rights of the Applicant were violated.
  3. Whether the 1st Respondent is vicariously liable for the acts of the 5th and 6th Respondents.
  4. Whether the 2nd Respondent is vicariously liable for the acts of the 3rd and 4th Respondents.
  5. What remedies are available to the parties.

Orders

  • Application dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Torture — Burden of Proof — Standard of Evidence Required
A claim of torture is a serious allegation that must be supported by credible evidence. The burden of proof lies on the person asserting torture to prove physical or psychological injury. Courts apply a strict test when considering whether treatment amounts to torture or inhuman or degrading treatment, and only the worst examples are likely to satisfy the test. Mere assertion without supporting evidence is insufficient.
Burden of Proof — Establishing Facts in Issue
Under Section 101(1) of the Evidence Act, whoever desires a 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.
Constitutional Rights on Arrest — Right to Information and Legal Representation
Article 23(3) of the Constitution requires that a person arrested, restricted or detained be informed immediately, in a language they understand, of the reasons for arrest and of their right to a lawyer of their choice. Where an arrested person is aware of the reason for arrest and has access to legal representation, this constitutional requirement is satisfied.
Arrest and Detention — 48-Hour Rule Under Article 23(4)(b)
Article 23(4)(b) of the Constitution provides that a person arrested on reasonable suspicion of having committed or being about to commit a criminal offence shall, 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. Release on police bond on the same day of arrest satisfies this constitutional requirement.
Place of Detention — Lawfulness Under Article 23(2)
Article 23(2) of the Constitution requires that a person arrested, restricted or detained be kept in a place authorised by law. A police station is a place authorised by law for detention. There is no violation of fundamental rights by detaining a person at any police station authorised by law, regardless of the location where the alleged offence occurred.

Legislation cited (17)

Cases cited (5)

  • Issa Wazemba v Attorney General (Civil Suit No. 154 of 2016)
  • Ireland v United Kingdom (ECHR Application No. 5310/71)
  • Lucas Marisa v Uganda Breweries Ltd [1988-1990] HCB 132
  • Rights Trumpet and 2 Others v AIGP Asan Kasingye and 5 Others and Mucunguzi Abel and 9 Others v Attorney General and 2 Others (Consolidated Miscellaneous Causes No. 17 and 3 of 2017)
  • Paul Baguma Mugalama v Uganda Revenue Authority (High Court Civil Suit No. 93 of 2014)

Full judgment

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

Kisakye Byaruhanga v Attorney General And 5 Others (Miscellaneous Cause 189 of 2022) [2024] UGHCCD 199 (20 November 2024)
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.