Wakilii

Kizito Gerald and Others v Attorney General (COMPLAINT NO 502012)

Tribunal · [2017] UGHRC 53 · 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 by UPDF soldiers
Decision
Complaint allowed with compensation awarded to complainants; two complainants had passed away by time of decision but their estates received awards

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that UPDF soldiers violated the complainants' constitutional right to freedom from torture when they beat them during arrest on 15 August 2007 while the complainants were travelling to organize party elections. The beatings caused injuries including a rib fracture. The Attorney General was held vicariously liable for the soldiers' actions. Compensation was awarded: UGX 8,000,000 to the first complainant and UGX 6,000,000 each to the estates of the second and third complainants who had since passed away.

Outcome

Complaint allowed with compensation awarded to complainants; two complainants had passed away by time of decision but their estates received awards

Facts

On 15 August 2007, three complainants were travelling from Lukaya to Lwabenge Sub County in Kalungu District to organize and monitor elections for their party representatives. At around 9:00pm at Kiti after Lukaya Town, they were intercepted by approximately 10 UPDF soldiers, some in uniform and others in civilian clothes. The soldiers forced them out of their vehicle and beat them using sticks, batons, gun butts and canes on various body parts including the head, chest, ribs, back, hands and limbs. The second complainant's walking stick, which he used due to gout, was taken and broken. The complainants sustained injuries including a rib fracture. They were then taken to Lukaya Police Station where they were detained overnight and released the following day on police bond. After release, they sought medical treatment. By the time of the tribunal hearing, the second and third complainants had passed away.

Issues

  1. Whether the Respondent's agents violated the Complainants' right to freedom from torture or cruel, inhuman or degrading treatment or punishment
  2. Whether the Respondent is vicariously liable
  3. Whether there is any remedy available to the Complainants

Orders

  • Complaint allowed.
  • Respondent ordered to pay Kizito Gerald UGX 8,000,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Respondent ordered to pay the Estate of the Late Mayanja Reillus UGX 6,000,000 as general damages for violation of Mayanja's right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Respondent ordered to pay the Estate of the Late Mawejje Deogratious UGX 6,000,000 as general damages for violation of Mawejje's right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Each awarded sum shall carry interest at 10% per annum from the date of this decision until payment in full.
  • Each party shall bear its own costs.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Four-Part Test under UNCAT
Torture under Article 1 of the United Nations Convention Against Torture requires four elements: (a) severe pain or suffering, physical or mental, inflicted on the victim; (b) the pain or suffering was intentionally inflicted; (c) the pain or suffering was inflicted for a purpose such as obtaining information, confession, punishment, intimidation or coercion based on discrimination; and (d) the pain or suffering was inflicted at the instigation or with the consent or acquiescence of a public official or person acting in an official capacity.
Human Rights — Torture — Non-Derogable Right — No Exceptional Circumstances Justify Violation
The right to freedom from torture is non-derogable under Article 44(a) of the Constitution of Uganda and no exceptional circumstance whatsoever, whether a state of war, threat of war, internal political instability or any other public emergency, may be invoked as justification for torture.
Tort Law — Vicarious Liability — State Liability for Acts of Security Forces
Under the principle of vicarious liability, it is immaterial if acts done by a servant are erroneous, unlawful or done without authority as long as such acts are done in the course of their employment; the master will still be held liable. The fact that an agent acts unlawfully does not exonerate the respondent from liability.
Human Rights — Torture — Compensation — Assessment of Quantum
In assessing quantum of damages for torture, the tribunal must take into account that freedom from torture is a non-derogable right under Article 44 of the Constitution and its violation is always considered a serious breach of a fundamental right guaranteed absolutely by the Constitution.
Constitutional Law — Security Agencies — Duty to Respect Human Rights
Article 221 of the Constitution requires all State security agencies to observe and respect human rights and freedoms in the performance of their functions.

Legislation cited (6)

Cases cited (3)

  • Muwonge v Attorney General (1967) EA 17
  • Barekye James v Attorney General (UHRC Complaint No. MBA/084/2005)
  • Mohamed Malyamungu v Attorney General UHRR [2008-2011]

Full judgment

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

Kizito Gerald and Others v Attorney General (COMPLAINT NO 502012) 2017 UGHRC 53 (11 December 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.