Wakilii

Masereka v Attorney General [2017] UGHRC 21

Tribunal · 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 seeking compensation for alleged violation of the right to life of the complainant's son, Pte. Dekule Martin
Decision
Complaint allowed. Compensation awarded to the estate of the deceased. Whoever presents letters of administration shall be entitled to administer the sum awarded.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that Pte. Dekule Martin's right to life was violated when he died as a result of torture by UPDF soldiers acting in the course of their employment. The Attorney General was vicariously liable for the acts of state agents. The estate of the deceased was awarded UGX 30,000,000 as general damages for the violation of the right to life.

Outcome

Complaint allowed. Compensation awarded to the estate of the deceased. Whoever presents letters of administration shall be entitled to administer the sum awarded.

Facts

Pte. Dekule Martin was a UPDF soldier undergoing survey training at Butiaba Training Wing in June 2004. A gun belonging to either Pte. Dekule Martin or his roommate Kambasu Obadia went missing. The Course Commandant, 2nd Lt. Achar Bernard, ordered Pte. Dekule Martin and Kambasu Obadia to strip to their underpants and subjected them to beating with sticks by three soldiers for approximately five to six hours. During the interrogation, 2nd Lt. Achar kicked Pte. Dekule Martin in the ribs and he died. The missing gun was later recovered. The body of Pte. Dekule Martin was brought to his father's home by UPDF soldiers who informed the family that the deceased had stolen a gun. The complainant observed wounds on the deceased's neck. The deceased left behind a widow who subsequently remarried and three minor children who came under the custody of the complainant, the deceased's father.

Issues

  1. Whether Pte. Dekule Martin's right to life was violated by a State agent.
  2. Whether the respondent is liable for the violation of the deceased's right to life.
  3. Whether the complainant is entitled to any remedy.

Orders

  • Complaint allowed.
  • Attorney General ordered to pay to the estate of late Pte. Dekule Martin UGX 30,000,000 as general damages for violation of his right to life by state agents.
  • The sum of UGX 30,000,000 to carry interest at court rate from the date of this decision until payment in full.
  • Each party to bear their own costs.
  • Any party dissatisfied with this decision may appeal to the High Court of Uganda within 30 days from the date of this decision.

Rules and key headnotes

Human Rights — Right to Life — Torture by State Agents — Vicarious Liability of the State
Where a person dies as a result of torture inflicted by state agents acting in the course of their employment, the state is vicariously liable for the violation of the right to life under Article 22(1) of the Constitution of Uganda 1995, even if the acts were wrongful, unauthorized, or done for the agents' own benefit.
Constitutional Law — Right to Life — Burden of Proof — Death in State Custody
Where a person dies in the custody of state agents, the burden shifts to the state to give a plausible explanation of the circumstances of death.
Tort Law — Vicarious Liability — Acts in the Course of Employment
An employer is vicariously liable for the acts of its servants or agents if the acts were done in the course of employment, either as a wrongful act authorized by the employer or as a wrongful and unauthorized mode of doing some act authorized by the employer, regardless of whether the acts were erroneous, unlawful, or done without authority.
Damages & Quantum — General Damages — Violation of Right to Life — Assessment
In assessing general damages for violation of the right to life, the tribunal considers the anguish, loss, and suffering imposed on the victim's family by the deprivation of a breadwinner and provider, the age and circumstances of the deceased, the dependants left behind, and the duration of the proceedings.

Legislation cited (8)

Cases cited (5)

  • Akdeniz and Others v Turkey (2001 ECHR 349)
  • Muwonge v Attorney General [1967] 1 EA 17
  • Jones v Tower Boots Co. Ltd [1997] ALLER 40
  • Mugisha Juma v Attorney General (Complaint No. UHRC/FP/144/2003)
  • Katantazi Wilson v Attorney General (Complaint No. UHRC 57 of 2004)

Full judgment

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

Masereka v Attorney General 2017 UGHRC 21 (15 February 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.