Wakilii

Mawejje Christoper v Attorney General [2023] UGHRC 24

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 torture and cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed with compensation awarded to complainant

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 and cruel, inhuman or degrading treatment when they beat him with batons, gun butts and sticks, causing injuries to multiple parts of his body, in order to coerce him to vacate land. The Attorney General was held vicariously liable for the actions of state agents acting in the line of duty. Compensation of UGX 6,000,000 was awarded.

Outcome

Complaint allowed with compensation awarded to complainant

Facts

On 30 June 2011, two armed uniformed policemen came to the complainant's home with his uncle. The policemen beat him with batons, sticks and guns on his stomach, back, chest and ribs for approximately 30 minutes, and kicked him. He was handcuffed and taken to Kabalagala Police Station on allegations of trespass, detained for two nights, and released on 1 July 2011 following a release order from the Professional Standards Unit. On a subsequent date, six policemen arrested him again, pushed him under police pickup seats, took him to Kabalagala Police Station, detained him and released him at about 3pm. The beatings caused injuries including bleeding from the nose, pain in multiple body parts, and wounds. Witnesses testified to seeing the complainant being beaten by police officers. The respondent presented no defence witnesses or submissions.

Issues

  1. Whether the complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by the respondent's agents.
  2. Whether the complainant merits any remedy.

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) for violation of his right to freedom from torture, cruel, inhuman or degrading treatment or punishment.
  • 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

Human Rights — Torture and Cruel, Inhuman or Degrading Treatment — Constitutional Protection — Article 24 of the Constitution
Article 24 of the Constitution of the Republic of Uganda 1995 prohibits subjecting any person to torture or cruel, inhuman or degrading treatment or punishment, and this right is absolute under Article 44(a) of the Constitution.
Human Rights — Torture — Definition — International Standards
Torture is defined under Article 1 of the United Nations Convention Against Torture as an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of a public official or person acting in an official capacity for purposes including obtaining information, punishment, intimidation or coercion.
Administrative Law — Vicarious Liability — State Liability for Acts of Police Officers
The Attorney General is held vicariously liable for the actions of police officers who are state agents acting in the line of their duties.
Human Rights — Remedies — Compensation for Torture and Cruel Treatment
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, order payment of compensation to the victim or order any other remedy or redress.

Legislation cited (9)

Full judgment

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Mawejje Christoper v Attorney General 2023 UGHRC 24 (18 April 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.