Wakilii

Musa Zziwa Sande v Attorney General [2018] UGHRC 45

Tribunal · 2018 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 unlawful detention and torture by police officers
Decision
Complaint allowed with compensation awarded to the complainant for violations of rights to personal liberty and freedom from torture

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's detention for thirteen days by Rapid Response Unit officers violated his constitutional right to personal liberty under Article 23(4), which requires production in court within 48 hours. The Tribunal further held that the complainant was subjected to torture in violation of Article 24 of the Constitution, as evidenced by medical findings of physical injuries consistent with beatings. The Respondent was found vicariously liable for the acts of its officers. Compensation of UGX 2,400,000 was awarded for unlawful detention and UGX 3,000,000 for torture.

Outcome

Complaint allowed with compensation awarded to the complainant for violations of rights to personal liberty and freedom from torture

Facts

On 10 September 2008, the complainant was arrested by Katwe Police Station officers and detained until 16 September 2008 when released on police bond. On 24 September 2008, he was rearrested by Rapid Response Unit (RRU) operatives and taken to RRU-Kireka. During detention at RRU-Kireka, three officers (Juuko, Otima, and Olama) beat him on the ankles and knee joints using batons, a big stick, and a rope made from a car tire. As a result, he began passing blood in his urine and lost control of his bladder. He spent approximately 15 days in detention at RRU-Kireka before being produced at Makindye Court and remanded to Luzira prison on 7 October 2008. Medical examination on 22 October 2008 revealed swollen right arm, urinary urgency, backache, inflammation of urinary tract, and soft tissue injury in the palm.

Issues

  1. Whether the Complainant's right to personal liberty was violated?
  2. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated?
  3. Whether the Respondent is vicariously liable?
  4. Whether the Complainant is entitled to any remedies?

Orders

  • The Complaint is allowed.
  • The Respondent is ordered to pay the Complainant a sum of UGX 2,400,000 as compensation for the violation of his right to personal liberty.
  • The Respondent is ordered to pay the Complainant a sum of UGX 3,000,000 as general damages for the violation of his right to freedom from torture.
  • The above sum shall attract interest at 10% from the date of this decision till payment in full.
  • Either party shall bear its own costs.

Rules and key headnotes

Right to Personal Liberty — Constitutional Requirement of Production in Court Within 48 Hours
Any person arrested or detained on suspicion of having committed or being about to commit an offence must be released on police bond or taken to court as soon as possible but in both cases not later than 48 hours from the time of arrest, and any deprivation of personal liberty outside the prescribed instances results in a violation of the right to personal liberty.
Right to Personal Liberty — Burden of Proof in Unlawful Detention Claims
Once a complainant proves that he or she was arrested and detained, the burden of proof shifts to the respondent to prove that the arrest and detention was lawful and justifiable.
Freedom from Torture — Definition and Elements
Torture constitutes severe pain or suffering inflicted for a specific purpose, such as to obtain information, as punishment or to intimidate, or for any reason based on discrimination, by or at the instigation of or with the consent or acquiescence of state authorities.
Vicarious Liability — State Liability for Acts of Police Officers
Where a servant acting in the ordinary course of his or her employment does or omits to do an act which leads to damage or loss on part of another, the employer or master is liable, and even if police officers acted unlawfully or contrary to what and how they should have acted, it still attracts liability on the part of their employer, the State.
Compensation for Unlawful Detention — Assessment Factors
When assessing the amount of compensation for violation of the right to personal liberty, the Tribunal considers the duration of the illegal detention and the circumstances under which the right to personal liberty was violated.
Compensation for Torture — Assessment Factors
In considering the quantum of damages for violation of the right to freedom from torture and cruel treatment or punishment, the Tribunal takes into consideration that the right is absolute, the nature and extent of the torture, and the nature and extent of injuries resulting from the torture.

Legislation cited (7)

Cases cited (36)

  • Lancaster v Blackwell Colliery Co Ltd (1918 WC Rep 345)
  • Miller v Minister of Pensions [1942] 2 All ER 272
  • Sebuliba v Cooperative Bank Ltd [1982] HCB 130
  • Betty Tibaleka & 2 Ors v Dr CR Vincent Karuhanga [1995] KALR 904
  • Walter Nyangas v Attorney General (UHRC Complaint No. 373 of 2003)
  • Emiriat James v Attorney General (UHRC Complaint No. JJ/78 of 2003)
  • Okello Tom Ibrahim & Another v Attorney General (UHRC Complaint No. G/88 of 2005)
  • Okema John Francis v Attorney General (UHRC Complaint No. GLU/08 of 2004)
  • Apollo Mande v Attorney General (UHRC Complaint No. 495 of 2001)
  • Kasumba Ali v Attorney General (UHRC Complaint No. MSK/75 of 2009)
  • Nsekambabaye Aloysius v Attorney General (UHRC Complaint No. MBA/087 of 2006)
  • Byaruhaga Charles v Attorney General (UHRC Complaint No. FP/9 of 2007)
  • Safati Kiwanuka v Kamuli District Administration [1994-1995] HCB 74
  • Olet Charles v Ngais County Council (UHRC Complaint No. GLU/24 of 2001)
  • Omoding James v Attorney General (UHRC Complaint No. S/98 of 2006)
  • Othuman Ismail v Attorney General (UHRC Complaint No. ARU/07 of 2010)
  • Monim Elgak, Osman Hummeida and Amir Suliman v Sudan (ACHPR Comm. 379/09)
  • Mbusa Wilson v Attorney General (UHRC Complaint No. F/151 of 2003)
  • Opio Ajonga v Attorney General [2008-2011] UHRR 64
  • Christopher Sebuliba v Attorney General (Supreme Court Civil Appeal No. 64 of 1992)
  • Nyombi Clementia v East African Railways [1974] HCB 35
  • Mugenzi v Attorney General [1984] HCB 64
  • Mugabi John v Attorney General (High Court Civil Suit No. 133 of 2002)
  • Muwonge v Attorney General (1967) EA 17
  • Mohammed Draku v Attorney General (UHRC Complaint No. G/88 of 2005)
  • Enyimu Daniel v Attorney General (UHRC Complaint No. SRT/212 of 2007)
  • Fred Biryomumaisho v Attorney General (UHRC Complaint No. 253 of 2003)
  • Isabirye Kiwule v Attorney General [2000-2007] UHRR
  • Mudhasi Margret & Semakula Abdul v Attorney General (UHRC Complaint No. 295 of 2001)
  • Fred Ssemanda v Attorney General (UHRC Complaint No. 278 of 2004)
  • Nyitho Alex Gelu v Attorney General (UHRC Complaint No. GLU/210 of 2004)
  • Kubai Alex & 3 Others v Attorney General (UHRC Complaint No. SRT/253 of 2003)
  • Kiruta Richard v Attorney General (UHRC Complaint No. MBA/079 of 2007)
  • Barekye James v Attorney General (UHRC Complaint No. MBA/84 of 2005)
  • Senyonga Joseph v Attorney General (UHRC Complaint No. 570 of 2001)
  • Olupot Stephen v Attorney General (UHRC Complaint No. S/91 of 2003)

Full judgment

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Musa Zziwa Sande v Attorney General 2018 UGHRC 45 (26 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.