Wakilii

Mwasa Steven v Attorney General [2019] UGHRC 49

Tribunal · 2019 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 seeking compensation for alleged torture and unlawful detention
Decision
Complaint allowed; complainant awarded UGX 30,000,000 in compensation with interest at court rate; respondent ordered to investigate and train security officers

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission found that the complainant's rights to freedom from torture and personal liberty were violated when he was arrested on 24 June 2003, severely beaten with gun magazines and batons at Rapid Response Unit Kireka, forced to swallow water, and detained for two months without charge. The Commission held the Attorney General vicariously liable and awarded UGX 30,000,000 in compensation: UGX 20,000,000 for unlawful detention and UGX 10,000,000 for torture.

Outcome

Complaint allowed; complainant awarded UGX 30,000,000 in compensation with interest at court rate; respondent ordered to investigate and train security officers

Facts

On 24 June 2003, Mwasa Steven was arrested at Owino Market by four armed men (two in military uniform, two in plain clothes) on allegations of murdering one Nasaka. He was taken to Rapid Response Unit Kireka where he was undressed, beaten severely with batons and gun magazines, slapped for about an hour, and forced to swallow a basin full of water. The beatings caused injuries to his head and legs, with a wound on his left foot that became septic. He was detained at VCCU for three weeks, then transferred to Mbuya Military Hospital for treatment, and subsequently to Old Kampala Police Station where he was detained for approximately one month. He was released on bond on 25 August 2003, having been detained for two months without being charged or produced before court. Medical examination at the African Centre for Rehabilitation of Torture Victims in May 2006 found an ulcer measuring 7cm by 10cm on his left foot extending to the leg, with scars, and psychological symptoms including nightmares and fear.

Issues

  1. Whether the respondent's agents/servants violated the complainant's right to protection from torture or cruel, inhuman or degrading treatment or punishment.
  2. Whether the complainant's right to personal liberty was violated by the respondent.
  3. Whether the respondent Attorney General is liable for the violations.
  4. Whether the complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the Complainant the sum of UGX 20,000,000 as compensation for the violation of his right to personal liberty.
  • The Respondent is ordered to pay to the Complainant the sum of UGX 10,000,000 as compensation for the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The sum of UGX 30,000,000 will carry interest at court rate from the date hereof until payment in full.
  • Each party to bear its own costs.
  • The Republic of Uganda is requested to initiate an effective and impartial investigation into the circumstances of arrest and detention and the subsequent treatment of the Complainant.
  • The Republic of Uganda is requested to train security officers on relevant standards concerning adherence to custodial safeguards and the prohibition of torture.

Rules and key headnotes

Torture — Definition and Elements — Severe Pain Intentionally Inflicted by State Agents
Torture consists of four essential elements: (a) the action has caused the victim severe pain or suffering, whether physical or mental; (b) such pain and suffering was intentionally inflicted on the victim; (c) the purpose of the action was to obtain information or a confession or for punishment, intimidation, coercion or for any reason based on discrimination; and (d) the actions were inflicted by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in official capacity.
Torture — Burden of Proof — Injuries Sustained in Custody
Where a person is injured while in detention or otherwise under the control of the police, any such injury will give rise to a strong presumption that the person was subjected to ill-treatment and it is incumbent on the State to provide a plausible explanation of how the injuries were caused.
Personal Liberty — Arbitrary Arrest and Detention — Constitutional Safeguards
Arresting more than one individual in disregard of the Constitution and without taking any measures to ascertain the likelihood of individual wrongdoing amounts to arbitrary arrest in contravention of Article 23 of the Constitution. Deprivation of liberty and subsequent detention without charge for two months is unlawful and arbitrary.
Personal Liberty — Burden of Proof — Justification for Arrest
Once a complainant proves to the satisfaction of the tribunal that he was arrested by the respondent's agents, the burden shifts to the latter to prove that the arrest and detention was justifiable.
Vicarious Liability — Government Liability for Acts of Security Officers
The Attorney General is vicariously liable for violations of human rights committed by VCCU operatives and police officers who are public officers acting in the course of their duty, pursuant to section 3 of the Government Proceedings Act Cap 77 and Article 119A(4) of the Constitution.
Witness Credibility — Minor Inconsistencies in Medical Reports
It is not every inconsistency that will result in a witness's testimony being rejected. Only grave inconsistencies unless explained satisfactorily will usually result in the evidence of a witness being rejected. Minor inconsistencies, such as date discrepancies in medical reports, will not have that effect unless the court thinks the point to be deliberate untruthfulness.

Legislation cited (13)

Cases cited (8)

  • Victor Mukasa and Another v Attorney General (HCMA No. 24 of 2006)
  • Tomasi v France (1992) 15 EHRR 24
  • Serapio Tinkamalirwe v Uganda (Supreme Court Criminal Appeal No. 27 of 1989)
  • Behangana and Another v Attorney General (Constitutional Petition No. 53 of 2010)
  • Sekaddu v Ssebadduka [1968] EA 212
  • Lister v Hesley Hall Ltd [2001] UKHL 22
  • Agaba Bernard Vs. Attorney General UHRC (2008-2011)
  • Kisembo Milton v Attorney General (Complainant No. FP/005/2004)

Full judgment

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

Mwasa Steven v Attorney General 2019 UGHRC 49 (14 May 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.