Wakilii

Masereka Sulait Muthabali Hamada Muhindo Rashit Ahmada and Others v Col (Rtd) Mawa Dula Muhindo [2024] UGHRC 22

Tribunal · 2024 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before the Uganda Human Rights Commission Tribunal seeking compensation for alleged torture and cruel, inhuman and degrading treatment
Decision
Complaint dismissed with right of appeal to High Court within 30 days

Observed later treatment

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Holding

The Tribunal dismissed the complaint, finding that the complainants failed to prove on the balance of probabilities that the respondent tortured them or subjected them to cruel, inhuman or degrading treatment. The complainants' testimonies were riddled with fundamental inconsistencies, contradictions and exaggerations. They failed to call independent eyewitnesses despite alleging public beatings, and produced no medical evidence. Their accounts evolved significantly between their initial complaint, investigator statements, and tribunal testimony six years later. The Tribunal found their evidence unreliable and held that none of the essential ingredients of torture under international law were established.

Outcome

Complaint dismissed with right of appeal to High Court within 30 days

Facts

On 10 October 2006, the three complainants alleged they were tortured by the respondent, a retired army colonel, while cleaning a mosque area and later at Kinyamaseke Police Post. They filed a complaint with the Uganda Human Rights Commission on 6 December 2006. The complainants alleged the respondent accused them of trespassing on his land. They had previously reported an assault case against the respondent at Kasese Police Station (CRB 1982/06) but abandoned it. The respondent had also filed a criminal trespass complaint against them. At the tribunal hearing, the respondent denied liability but did not cross-examine the complainants or present a defence. The case was heard by predecessor commissioners and decided by the current tribunal based on the record of proceedings.

Issues

  1. Whether the respondent violated the complainants' right to protection from torture, cruel, inhuman and degrading treatment.
  2. Whether the complainants are entitled to any remedies from the respondent.

Orders

  • The complaint is dismissed.
  • Parties are informed of their right to appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Human Rights — Torture — Burden of Proof — Standard of Proof
In human rights complaints alleging torture, the complainant bears the burden of proving their case on the balance of probabilities even where the respondent does not cross-examine or present a defence.
Human Rights — Torture — Definition and Essential Ingredients
To establish torture under the UN Convention Against Torture 1984, all of the following ingredients must be proved: (i) severity of pain and suffering; (ii) intent or reckless indifference to causing pain and suffering; (iii) acts causing extreme pain and suffering; (iv) involvement of a public official; and (v) purpose of extracting information or confession.
Human Rights — Torture — Standard of Scrutiny
Courts must apply a very strict test when considering whether there has been a breach of an individual's right to protection from torture or cruel, inhuman or degrading treatment, and only the worst examples are likely to satisfy the test.
Evidence — Credibility — Inconsistent Testimony
Where complainants' testimonies are riddled with fundamental inconsistencies, contradictions and exaggerations, and their accounts evolve significantly between initial complaint and tribunal testimony years later, such evidence is unreliable and insufficient to discharge the burden of proof.
Evidence — Corroboration — Independent Witnesses and Medical Evidence
In torture complaints where complainants allege public beatings and medical examination, failure to call independent eyewitnesses or produce medical evidence from examining doctors significantly undermines the credibility of the complaint, particularly where the complainants are each other's only witnesses.
Administrative Law — Uganda Human Rights Commission — Jurisdiction and Police Investigations
It is wrong, unwise and unnecessary for the Uganda Human Rights Commission to interfere with ongoing police investigations and take on criminal complaints under the guise of human rights violations, as the creation of the UHRC did not render the criminal justice system irrelevant.

Legislation cited (4)

Cases cited (2)

  • Irembe Wambui Muchai and 5 Others v Attorney General (Constitutional and Human Rights Petition No. 211 of 2013)
  • Issa Wazembe v Attorney General (HCCS No. 154 of 2016)

Full judgment

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

Masereka Sulait Muthabali Hamada Muhindo Rashit Ahmada and Others v Col (Rtd) Mawa Dula Muhindo 2024 UGHRC 22 (26 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.