Wakilii

Kyaterekera Grace v Attorney General [2023] UGHRC 26

Tribunal · 2023 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 unlawful detention beyond 48 hours
Decision
Complaint allowed; complainant awarded UGX 6,000,000 as general damages for unlawful detention with interest at 5% per annum

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's right to personal liberty under Article 23 of the Constitution was violated when he was detained for 35 days on suspicion of murder, exceeding the constitutional 48-hour limit by 33 days. Despite the serious nature of the allegations requiring thorough investigation, the prolonged detention without charge was unlawful. The Attorney General was held vicariously liable for the actions of state agents. The Tribunal awarded UGX 6,000,000 as general damages.

Outcome

Complaint allowed; complainant awarded UGX 6,000,000 as general damages for unlawful detention with interest at 5% per annum

Facts

On 5 October 2003 at 11:00 a.m., the complainant was arrested from Bukolooto Parents Primary School by the Officer in Charge of Kayunga Police Station on allegations of murder of a child who had been studying at the school. He was detained at Kayunga Police Station until 10 October 2003, then transferred to Katwe Police Station where he remained until 16 October 2003. On that date he was taken to Criminal Investigations Directorate offices for interrogation, where it was revealed that the deceased child had made a statement implicating the school's head teacher in defilement. After interrogation, the complainant was taken to Kampala Central Police Station where he was detained until 8 November 2003 when he was released on police bond. The bond was cancelled on 8 July 2004. The complainant's evidence was corroborated by two witnesses who visited him in detention and stood surety, and by the lock-up register from Kampala Central Police Station. The respondent did not cross-examine the complainant or his witnesses, nor adduce any evidence in defence.

Issues

  1. Whether the Complainant's right to personal liberty was violated by State Agents

Orders

  • The complaint is allowed.
  • The respondent is ordered to pay to the complainant a sum of UGX 6,000,000 (Uganda Shillings Six million only) as general damages for violation of his right to personal liberty.
  • The general damages shall attract interest at 5% from the date of this decision until payment in full.
  • Each party shall bear their own costs.
  • Either party not satisfied with the decision of the Tribunal may appeal to the High Court of Uganda within thirty (30) days from the date of this decision.

Rules and key headnotes

Constitutional Law — Right to Personal Liberty — Detention Beyond 48 Hours — Article 23 of the Constitution
A person arrested on reasonable suspicion of having committed a criminal offence must, 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, as provided by Article 23(4)(a) and (b) of the Constitution and Section 25 of the Police Act Cap 303.
Human Rights — Right to Liberty — Unlawful Detention — Vicarious Liability of the State
Where state agents acting in the course of their employment unlawfully detain a person beyond the constitutional 48-hour limit, the Attorney General is vicariously liable for the violation of the right to personal liberty.
Human Rights — Remedies — Assessment of Damages for Unlawful Detention
In assessing damages for unlawful detention, the tribunal may take into consideration the seriousness of the offence under investigation and the need for thorough investigations, even where such investigations could not reasonably be concluded within 48 hours.
Constitutional Law — Uganda Human Rights Commission — Powers to Award Compensation
Under Article 53(2)(b) and (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 (9)

Full judgment

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

Kyaterekera Grace v Attorney General 2023 UGHRC 26 (25 May 2023)
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.