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Medard Ntulanabo v Uganda [2018] UGHRC 57

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging torture by police officers during arrest
Decision
Complaint allowed with damages awarded to complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that police officers who beat the complainant with gun butts during arrest and detention violated his constitutional right to freedom from torture under Article 24 of the Constitution. The State is vicariously liable for acts of torture committed by police officers acting within the course of their employment. Complainant awarded UGX 6,000,000 as general damages for the violation.

Outcome

Complaint allowed with damages awarded to complainant

Facts

On 29 April 2009, the complainant had a dispute with one Kahumpuli who was pouring sand on his land. The complainant hit the side mirror of Kahumpuli's vehicle. Kahumpuli went to Nansana Police Station and returned with three police officers who arrested the complainant. During the arrest and at the police station, the officers beat the complainant with gun butts on his face, ribs, chest, knee, hip joint and waist. One officer stamped on his feet for about ten minutes. The complainant was detained overnight and later sought medical treatment at the African Centre for Treatment and Rehabilitation of Torture Victims (ACTV). Medical examination revealed soft tissue injury and permanent disability assessed at 15%. The complainant testified he could no longer work normally and suffered serious pain, back problems and disability.

Issues

  1. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated?
  2. Whether the Respondent is liable?
  3. Whether there is any remedy available to the Complainant?

Orders

  • Complaint allowed.
  • Respondent ordered to pay the Complainant UGX 6,000,000 as general damages for violation of his right to freedom from torture.
  • Sum to attract interest at 10% per annum from the date of decision until payment in full.
  • Each party to bear its own costs.
  • Either party may appeal to the High Court of Uganda within 30 days.

Rules and key headnotes

Human Rights — Torture — Constitutional Protection — Article 24 Constitution
The prohibition on torture and other forms of ill-treatment is enshrined in Article 24 of the Constitution which states that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment. Article 24 must be read together with Article 44(a) which provides that no derogation from Article 24 can be made. The prohibition against torture enshrines one of the most fundamental values of democratic societies that must be respected even in the most difficult circumstances.
Human Rights — Torture — Elements — Intentional Infliction of Severe Suffering
Torture is an act or omission intentionally inflicted on a person for a purpose which causes severe and cruel physical or mental suffering. In determining whether acts constitute torture, the tribunal will consider the nature of the act or acts involved, the severity of the physical and/or mental harm suffered as a result of the acts, and the purpose of the actor.
Human Rights — Burden of Proof — Balance of Probabilities
A complainant has a legal duty to prove his claim against the respondent on a balance of probabilities notwithstanding that the respondent did not call witnesses or file a defence. Whoever wishes to deny or dispute an allegation must challenge the relevant allegation by adducing evidence through witnesses' testimonies and/or cross-examination of the witnesses on the opposite side.
Administrative Law — Vicarious Liability — State Liability for Acts of Police Officers
An employer is generally liable for the acts of the employee or agent committed within the course of the employer's business. The State is vicariously liable for acts of torture committed by police officers acting within the course of their employment, including when effecting an arrest.
Human Rights — Remedies — Compensation for Torture
Under Article 53(2) of the Constitution, the Uganda Human Rights Commission may, if satisfied that there has been an infringement of a human right or freedom, order payment of compensation or give any other legal remedy or redress. In assessing quantum of damages for torture, the tribunal will consider the nature of injuries sustained, the impact on the victim's life, the fact that freedom from torture is an absolute right, and the innocence of the complainant.

Legislation cited (7)

Cases cited (9)

  • Aydin v Turkey (App No 23178/94)
  • John Patrick Besingiza and Another v Attorney General (UHRC Complaint No. MBR/009 of 2007)
  • Hakizimana Francis v Attorney General (UHRC Complaint No. CTR/10 of 2009)
  • Zirimu Johnson v Attorney General (UHRC Complaint No. CTR/344 of 2004)
  • Kasekya Kasaija Sylvan v Attorney General (HCCS No. 1147 of 1998)
  • Bagume John v Attorney General (UHRC Complaint No. JJA/10 of 2007)
  • Okia John and Emuge Joseph v Attorney General (UHRC Complaint No. SRT/208 of 2006)
  • Isabiye Kiwule v Attorney General (UHRC Complaint No. J/35 of 2003)
  • Enyimu Daniel v Attorney General (UHRC Complaint No. SRT/212 of 2007)

Full judgment

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

Medard Ntulanabo v Uganda 2018 UGHRC 57 (27 March 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.