Wakilii

Muhanuzi and Another v Attorney General [2019] UGHRC 28

Tribunal · 2019 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging illegal detention by state agents
Decision
Complaint allowed with compensation awarded to both complainants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the complainants' detention for 62 and 60 days respectively without being taken to court or granted bail violated their constitutional right to personal liberty under Article 23(4)(b) of the Constitution. The Attorney General was held vicariously liable for the actions of state agents acting in the course of their official duties. Compensation awarded at UGX 300,000 per day of illegal detention.

Outcome

Complaint allowed with compensation awarded to both complainants

Facts

On 28 December 2010, the first complainant was arrested by the GISO of Kichwamba Sub-county on suspicion of having connections with wrong people and taken to the DISO's office. The second complainant was arrested the following day from Buhinga Hospital and also taken to the DISO's office. Both were detained at Kagote Police Post for two days, then transferred to Kololo Army Barracks in Kampala where they were detained for 62 days (first complainant) and 60 days (second complainant) without being taken to court or granted bail. They were released on 2 March 2011 without charge and given transport money. The police lock-up register from Kagote Police Post confirmed the first complainant's detention and transfer to Kampala on 30 December 2010.

Issues

  1. Whether the complainants' right to personal liberty was violated by state agents.
  2. Whether the respondent is liable for the violation.
  3. Whether the complainants are entitled to any remedy.

Orders

  • Complaint allowed.
  • Attorney General ordered to pay first complainant UGX 18,600,000 as general damages for violation of right to personal liberty.
  • Attorney General ordered to pay second complainant UGX 18,000,000 as general damages for violation of right to personal liberty.
  • Interest at 10% per annum on each award from date of decision until payment in full.
  • Each party to bear own costs.
  • Right of appeal to High Court within 30 days.

Rules and key headnotes

Constitutional Law — Right to Personal Liberty — Arbitrary Detention — 48-Hour Rule
Article 23(4)(b) of the Constitution requires that anyone arrested upon reasonable suspicion of having committed or being about to commit a criminal offence must, if not earlier released, be produced in court within 48 hours. Detention beyond this period without court appearance or bail violates the constitutional right to personal liberty.
Administrative Law — Vicarious Liability — State Agents — Actions in Course of Duty
The Attorney General is vicariously liable for violations of human rights committed by state agents acting in the course of their official duties, even where those actions were carried out contrary to orders or instructions, or were done deliberately, wantonly, criminally, negligently, or for the servant's own benefit, as long as what was done was merely a manner of carrying out what the servant was employed to do.
Human Rights — Remedies — Compensation — Assessment of Quantum
In assessing compensation for illegal detention, the tribunal may consider the daily rate used in precedent cases, the change in the value of money over time, the time lag between the violation and the decision, delay in justice, and the government's limited capacity to execute orders, while ensuring adequate compensation for the violation suffered.
Constitutional Law — Right to Personal Liberty — Lawful vs Unlawful Detention — Deduction of Lawful Period
Where detention is initially lawful to enable police investigations, the 48-hour period allowed by the Constitution for lawful detention must be deducted when calculating the period of illegal detention for purposes of compensation.
Human Rights — Uganda Human Rights Commission — Powers — Compensation Orders
Under Article 53(2) of the Constitution, the Uganda Human Rights Commission has power to order payment of compensation or any other remedy or redress where it is satisfied that there has been an infringement of any human right or freedom.

Legislation cited (9)

Cases cited (4)

  • Muwonge v Attorney General (1967) EA 17
  • Abdul Maka v Jinja District Council (HCCS No. 60 of 2000)
  • Eric Bosco Akera v Attorney General (UHRC Complaint No. G/76/2001)
  • Matiya Byabalema and Others v Uganda Transport Co (SCCA No. 10 of 1993)

Full judgment

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

Muhanuzi and Another v Attorney General 2019 UGHRC 28 (6 February 2019)
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.