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Nabawanuka Sekabembe Harriet v Attorney General [2019] UGHRC 71

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 violation of right to personal liberty and freedom from torture
Decision
Complaint allowed; complainant awarded damages and released on bail by Kasangati court

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission held that the complainant's rights to personal liberty and freedom from torture were violated when police arrested her without reasonable suspicion, detained her for over one month without bringing her to court within 48 hours, and beat her with canes and batons to extract information about her son's whereabouts. The Commission awarded UGX 9,500,000 in damages.

Outcome

Complaint allowed; complainant awarded damages and released on bail by Kasangati court

Facts

On 21 September 2011, three men in civilian clothes accompanied by the complainant's daughter went to the complainant's home in Kalagala Sub County, Luwero District, seeking her son Musoke who was wanted for murder. When she denied knowing his whereabouts, she was arrested and taken to Bombo Police Station, then to Kampala. She was driven to Kigo Police and then to Mpejja Island to search for Musoke. When they did not find him, she was beaten with canes and batons. She was then detained at Central Police Station for two days, transferred to Rapid Response Unit at Kireka for one week, then back to Central Police Station for one month. She fell sick during detention but received no medical treatment. On 10 November 2011, she was taken to Kasangati court and released on bail. Lock-up registers confirmed she was detained for one month and seven days without being brought to court within 48 hours as required by law.

Issues

  1. Whether the Complainant's right to personal liberty was violated by the Respondent's agents.
  2. Whether the Complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by the Respondent's agents.
  3. Whether there are any remedies available for the Complainant.

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay to the Complainant Nabawanuka Harriet Sekabembe a total sum of UGX 9,500,000 as damages.
  • General damages for the violation of her right to personal liberty: UGX 7,500,000.
  • General damages for the violation of her right of freedom from torture or cruel, inhuman or degrading treatment or punishment: UGX 2,000,000.
  • Interest at a rate of 10% per annum to be paid on the total amount of UGX 9,500,000, calculated from the date of this decision until payment in full.
  • Each party to meet their own costs.

Rules and key headnotes

Right to Personal Liberty — Unlawful Detention — Failure to Bring Detainee Before Court Within 48 Hours
A person arrested on reasonable suspicion of having committed or being about to commit a criminal offence must, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of arrest, and detention beyond this period without court appearance violates the constitutional right to personal liberty under Article 23(4) of the Constitution.
Freedom from Torture — Definition and Elements — Beating to Extract Information
Torture under Article 1 of the UN Convention Against Torture comprises three elements: an act by which severe pain or suffering is intentionally inflicted; for purposes such as obtaining information or a confession, punishment, or coercion; and the act is inflicted by or at the instigation of a public official or person acting in official capacity.
Torture — Proof — Medical Evidence Not Mandatory
While medical evidence helps to prove the gravity of assault, it is not a requirement of law that every allegation of assault or torture must be proved by medical evidence; cogent oral evidence of the complainant and witnesses may suffice to establish that torture occurred.
Vicarious Liability — State Responsibility for Acts of Police Officers
The State is vicariously liable for violations of human rights committed by its agents, including police officers acting in their official capacity, and the Attorney General may be ordered to pay compensation for such violations under Article 53(2) of the Constitution.
Burden of Proof — Human Rights Complaints
In human rights complaints, the burden of proof lies on the complainant to prove on a balance of probabilities that the alleged violations occurred, and where the respondent fails to enter appearance or cross-examine the complainant's evidence after effective service, the complainant's uncontroverted evidence must be accepted as the truth.
Compensation for Unlawful Detention — Assessment Factors
In assessing compensation for unlawful detention, the tribunal considers the number of days in illegal detention, previous awards in similar complaints, and the current value of money in terms of what goods and services it can purchase at present.

Legislation cited (22)

Cases cited (7)

  • Wintwerp v The Netherlands (1979-80) 2 HRR 387
  • George Asiimwe v Attorney General (HCCS No. 481 of 1997)
  • Fred Tumuramye v Gerald Bwete and Others (UHRC Complaint No. 264 of 1999)
  • Uganda v ASP Aurien James Peter (Criminal Case No. 012 of 2010)
  • Juuko v Uganda (Criminal Appeal No. 058 of 2013)
  • Uganda v Abdallah Nassur [1982] HCB 1
  • Fred Kainamura and Others v Attorney General and Others (1994 KALR 92)

Full judgment

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

Nabawanuka Sekabembe Harriet v Attorney General 2019 UGHRC 71 (7 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.