Wakilii

Musana and Another v Attorney General [2016] UGHRC 18

Tribunal · 2016 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 right to life and freedom from torture
Decision
Complaint allowed with compensation awarded to the estate of the deceased and to the 2nd Complainant for violations of constitutional rights

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers attached to Soroti CPS violated the deceased Wabwire Abudalahman Jose's right to life by subjecting him to torture that caused his death from uncontrollable bleeding due to ruptured spleen and liver injury. The Tribunal further held that the 2nd Complainant's right to freedom from torture was violated when police beat her while searching for a gun. The Attorney General was held vicariously liable for the violations committed by state agents acting in the course of their employment.

Outcome

Complaint allowed with compensation awarded to the estate of the deceased and to the 2nd Complainant for violations of constitutional rights

Facts

On 24 November 2008, police officers arrested Wabwire Abudalahman Jose and brought him to his home in Soroti where they searched for a gun. The officers beat his wife Alupo Florence and co-wife Atim Stella while demanding the gun. The deceased and Alupo Florence were taken to Soroti CPS where they were further beaten. Alupo Florence was detained for one week in Kireka, Kampala, and upon release learned her husband had died and been buried. A second postmortem conducted by Dr. Rubanza Barnabas after exhumation revealed the cause of death as uncontrollable bleeding from ruptured spleen and liver injury caused by repeated blunt trauma to the abdomen, consistent with torture. The deceased left six children who were minors at the time of his death.

Issues

  1. Whether Wabwire Abudalahman Jose's right to life was violated by state agents/servants.
  2. Whether there was a violation of the 2nd Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment by state agents/servants.
  3. Whether the Respondent is liable for the violation of the victims' rights.
  4. Whether the Complainants are entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay to administrators of the estate of late Wabwire Abudalahman a total sum of UGX 35,000,000 as general damages for the violation of his right to life.
  • The Attorney General is ordered to pay UGX 2,000,000 to the 2nd Complainant Alupo Florence for the violation of her right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The said amounts of UGX 37,000,000 will separately carry interest at court rate from the date of this decision until payment in full.
  • Each party shall bear their own costs.

Rules and key headnotes

Right to Life — State Custody Deaths — Burden of Explanation
Where an individual is taken into state custody in good health but found to be injured or dies, it is incumbent on the state to provide a plausible explanation of how those injuries or death occurred, as the individual is totally powerless and his fate is squarely in the hands of the state.
Torture — Definition and Constitutional Protection
Torture is defined as an act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person for purposes such as obtaining information or a confession, and the right to freedom from torture enshrined in Article 24 of the Constitution is non-derogable under Article 44.
Torture — Medical Evidence Not Required
It is not a legal requirement that cases of torture must be proved by medical evidence; cogent oral evidence can suffice to establish torture.
Vicarious Liability — State Liability for Servants' Acts
Under the principle of vicarious liability, the state is liable for torts committed by its servants or agents even if the servant is acting deliberately, wrongfully, negligently or criminally, provided the acts were done in the course of carrying out what the servant was employed to do.
Human Rights Violations — Compensation for Right to Life Violations
Compensation for violation of the right to life is based on general damages for the anguish, loss and suffering imposed on the victim's family by the deprivation of their breadwinner and provider of fatherly love, affection, welfare and social protection, taking into account the number of dependants and the circumstances of death.
Torture — Factors in Assessing Compensation
When granting compensation for breach of freedom from torture, the tribunal considers the nature of torture and injuries sustained, the impact on the complainant's life, the absolute nature of the right under Article 44 of the Constitution, the innocence of the complainant, and previous awards in similar cases.

Legislation cited (11)

Cases cited (7)

  • Edison Oluka v Attorney General (UHRC [2003-2007] 51)
  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Fred Kainamura and Others v Attorney General and Others (1994 KALR 92)
  • Muwonge v Attorney General ([1967] 1 EA 17)
  • Jones Vs Tower Boots Co. Ltd 1997 ALLER 40 B
  • Mugisha Juma v Attorney General (UHRC Complaint No. FP/144/2003)
  • Isabirye Kiwule v Attorney General (UHRC Complaint No. J/35/2003)

Full judgment

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

Musana and Another v Attorney General 2016 UGHRC 18 (1 December 2016)
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.