Wakilii

Mwesigye Ndirifite v Attorney General [2017] UGHRC 22

Tribunal · 2017 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 torture and cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed; complainant awarded damages and interest; right of appeal to High Court within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers at Kamwenge Police Station violated the complainant's constitutional right to freedom from torture and cruel, inhuman or degrading treatment when they beat, dragged, and threw him into a cell, causing a dislocated shoulder and other injuries. The Attorney General was held vicariously liable. The complainant was awarded UGX 15,000,000 in general damages plus 10% interest per annum from the date of judgment.

Outcome

Complaint allowed; complainant awarded damages and interest; right of appeal to High Court within 30 days

Facts

On 28 July 2012, the complainant was arrested by approximately eight police officers at Kamwenge Police Station on the orders of the O/C CID. The complainant had previously stood surety for two accused persons charged with murder who had jumped bail. He cooperated with police to locate and arrest the two individuals, who were detained at Mahyoro Police Post and then transferred to Kamwenge Police Station. Despite his cooperation and the DPC's promise that he would be set free once the accused were apprehended, the O/C CID ordered the complainant's detention. While being taken to the cell, police officers slapped, beat, kicked, boxed, and strangled him with his own shirt, dragged him on the ground for approximately 20 minutes, and threw him into the cell where the door struck his shoulder. He was detained for 20 to 40 minutes before being released by the DPC and O/C CID. Medical examination revealed a dislocated right clavicle (collar bone), abrasions on the right temporal region and right big toe, soft tissue injuries to the thoracolumbar region, swelling of the right clavicle, and a bitten tongue. The injuries were classified as grievous harm. The complainant sought treatment at Fort Portal Regional Referral Hospital and was referred to Mulago Hospital but was unable to obtain specialist treatment after four attempts, subsequently resorting to traditional healers.

Issues

  1. Whether the complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents contrary to Article 24 of the Constitution.
  2. Whether the Respondent (Attorney General) is liable for the violation.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is wholly allowed.
  • The Respondent (Attorney General) is ordered to pay the Complainant Mwesigye Jackson Ndirifite a sum of UGX 15,000,000 (Uganda shillings fifteen million only).
  • Interest at the rate of 10% per annum to be paid on the sum of UGX 15,000,000 calculated from the date of this decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court of Uganda within thirty (30) days from the date of this decision if not satisfied with the decision of this Tribunal.

Rules and key headnotes

Human Rights — Torture and Cruel, Inhuman or Degrading Treatment — Definition and Elements — UNCAT Article 1
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, punishing, intimidating or coercing, or for any reason based on discrimination, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or any other person acting in an official capacity. The four essential elements are: (1) an act inflicting severe suffering or pain; (2) the act is intentionally inflicted; (3) the act is inflicted for a prohibited purpose; and (4) the act is inflicted by or with the instigation, consent or acquiescence of a public official or person acting in official capacity.
Human Rights — Torture and Cruel Treatment — Distinction Between Torture and Cruel, Inhuman or Degrading Treatment
Torture is internationally conceptualized as the highest point of a continuous action comprising cruel, inhuman or degrading treatment or punishment. The distinction between torture and cruel, inhuman or degrading treatment or punishment is determined by the circumstances of the ill treatment, as well as the gravity or severity of the pain and suffering inflicted on the victim. The distinction should be determined according to the nature, purpose and severity of the effects of the action of ill treatment.
Evidence — Burden of Proof — Complainant's Duty to Prove Facts Asserted
Under Section 101 of the Evidence Act, whoever desires any court or tribunal to give judgment as to any legal right or liability dependent on the existence of facts which he or she asserts must prove that those facts exist. The burden of proof lies on the person who would fail if no evidence at all were given on either side.
Evidence — Assessment of Witness Testimony — Treatment of Inconsistencies
In assessing the evidence of a witness and the reliance placed on it, consistency is a relevant consideration. Where grave inconsistency occurs, the evidence may be rejected unless satisfactorily explained. Minor inconsistencies may have no adverse effect on the testimony unless they point to deliberate untruthfulness. Exaggerated claims regarding the gravity of injuries may be rejected while accepting the core evidence of assault and scientifically confirmed injuries.
Tort Law — Vicarious Liability — State Liability for Acts of Police Officers
The Attorney General is vicariously liable for violations of human rights committed by police officers acting in the course of their employment. Even if a servant is acting deliberately, wrongfully, negligently or criminally, or for his own benefit, if what he did was in the manner of carrying out what he was employed to carry out, then his acts are those for which the master is to be held liable. An act is within the course of employment if it is either a wrongful act authorized by the employer, or a wrongful and unauthorized mode of doing some act authorized by the employer.
Human Rights — Remedies — Damages for Torture and Cruel Treatment — Assessment Principles
Under Article 53(2) of the Constitution, the Uganda Human Rights Commission is empowered to order payment of compensation or any remedy or redress once satisfied that there has been an infringement of a human right or freedom. The basic purpose of damages is to put the victim in the position he would have been in had he not suffered the wrong. In assessing damages for torture and cruel treatment, the tribunal considers the type and severity of injuries sustained, the classification of harm by medical experts, and comparable awards in similar cases, while disregarding exaggerated claims of permanent disability not supported by medical evidence.

Legislation cited (10)

Cases cited (9)

  • Fred Tumuramye v Gerald Bwete and 10 Others (UHRC Complaint No. 264/1999)
  • Uganda v Abdallah Nasur [1977] HCB 217
  • Edeku v Attorney General [1995] XI KALR 24
  • Muwonge v Attorney General [1967] EA 17
  • Jones v Tower Boots Co. Ltd [1997] All ER 40B
  • Dr. Denis Lwamafa v Attorney General (Civil Suit No. 79 of 1983)
  • George Paul Emenyu and Another v Attorney General [1994] V KALR 109
  • Busingye David v Attorney General and Asiimwe Yasin (UHRC Complaint No. FP/13/2006)
  • Kones Mohammed v Attorney General (UHRC Complaint No. JJA/764/2006)

Full judgment

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

Mwesigye Ndirifite v Attorney General 2017 UGHRC 22 (14 December 2017)
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.