Wakilii

Maari Fred v Uganda [2018] UGHRC 66

Tribunal · 2018 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; complainant awarded general damages of UGX 8,000,000 with interest at 10% per annum from date of decision until payment in full

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers violated the complainant's constitutional right to freedom from torture when they beat him with batons, iron bars and wires during interrogation about missing money. The assault, which caused injuries to his fingers, knees, ankles and back, satisfied all four elements of the international definition of torture under the UN Convention Against Torture. The Attorney General was held vicariously liable for acts committed by police officers in the course of their official duties. The complainant was awarded UGX 8,000,000 in general damages plus interest at 10% per annum.

Outcome

Complaint allowed; complainant awarded general damages of UGX 8,000,000 with interest at 10% per annum from date of decision until payment in full

Facts

On 4 September 2007, Maari Fred, a manager of Birunga Dairy Industries at Rubare, was given UGX 17,508,000 by a cashier to pay farmers. That evening, an armed man held him at gunpoint and robbed him of the money. When he reported the incident to police, he was arrested as the first suspect. Five armed policemen, the District Internal Security Officer and the Officer in Charge of Special Branch arrested him and took him to Ntungamo Police Station. He was transferred to Mbarara Police Station the same day. During transport, officers tied sticks between his fingers with rubber bands and beat his knees with iron bars while he was handcuffed. The following day, he was taken to Rapid Response Unit offices where Captain Stephen Rwakanuma and six men beat him with batons, iron bars and wires on his joints, fingers, back, knees and ankles for approximately six hours. His wife witnessed part of the beating. After UHRC intervention, he was returned to the police station. He was later charged in court and remanded but the case was eventually dismissed when the complainant lost interest. Medical examination confirmed injuries including tenderness on fingers of both hands and left ankle.

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 Respondent (Attorney General) is liable for the violation.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is wholly allowed.
  • The Respondent (Attorney General) is ordered to pay to the Complainant, Maari Fred, a total sum of UGX 8,000,000 (Uganda Shillings eight million only) as general damages in compensation for the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Interest at the rate of 10% per annum to be paid on the total sum of UGX 8,000,000 calculated from the date of this decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court of Uganda within thirty (30) days from the date of this decision if not satisfied with the decision of this Tribunal.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — UN Convention Against Torture
Torture is established where four elements are proved: (1) the act results in severe suffering or pain, whether physical or mental; (2) the act is intentionally inflicted on the victim; (3) the act is carried out for a purpose such as obtaining information or a confession, punishment, intimidation, coercion or discrimination; and (4) the act is carried out by or with the instigation, consent or acquiescence of a public official or person acting in official capacity.
Human Rights — Torture — Constitutional Protection — Non-Derogable Rights
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment is protected under Article 24 of the Constitution of Uganda and is made non-derogable under Article 44, reflecting the fundamental value that law enforcement officers must perform their duties with due regard to the essential dignity of every human being.
Tort Law — Vicarious Liability — Acts of Public Officers — Scope of Employment
The Attorney General is vicariously liable for wrongful acts committed by police officers in the course of their official duties, even where the officers act deliberately, wrongfully, negligently or criminally, or for their own benefit, provided the acts were done in the manner of carrying out what they were employed to carry out.
Human Rights — Remedies — Compensation for Torture — Assessment of Damages
Where a violation of the right to freedom from torture is established, the Uganda Human Rights Commission is empowered under Article 53(2)(b) of the Constitution to order redress including payment of compensation, assessed according to the severity of injuries sustained and their impact on the victim's ability to work.
Evidence — Burden of Proof — Human Rights Complaints — Balance of Probabilities
In human rights complaints, the burden of proof lies on the complainant to prove the alleged violation on a balance of probabilities, and where the respondent fails to call defence witnesses or provide a credible defence, the complainant's unshaken evidence may satisfy this burden.

Legislation cited (6)

Cases cited (3)

  • Fred Tumuramye v Gerald Bwete and 10 Others (Complaint No. UHRC 264/1999)
  • Muwonge v Attorney General (1967) EA 17
  • Osifelo v RCA Solomon Islands (1995) 3 LRC 602

Full judgment

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

Maari Fred v Uganda 2018 UGHRC 66 (5 June 2018)
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.