Wakilii

Nabawanuka Sekabembe Harriet v Attorney General [2019] UGHRC 40

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 alleging unlawful detention and torture
Decision
Complaint allowed; complainant awarded damages for unlawful detention and torture

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 detention for one month and seven days without being brought promptly before a court violated her right to personal liberty under Article 23 of the Constitution. The Commission further held that the beating inflicted on the complainant by police officers using canes and batons to extract information about her son's whereabouts constituted torture under the UN Convention Against Torture. The complainant was awarded UGX 9,500,000 in damages.

Outcome

Complaint allowed; complainant awarded damages for unlawful detention and torture

Facts

On 21 September 2011, three men in civilian clothing 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 the complainant denied knowing his whereabouts, she was arrested and taken to Bombo Police Station. She was then driven to Kampala and subsequently to Kigo Police Station. Upon her advice, they went to Mpejja Island to search for Musoke. When they did not find him, the complainant and her sister were beaten with canes and batons while being interrogated about Musoke's whereabouts. The complainant was then detained at Central Police Station for two days, transferred to Rapid Response Unit at Kireka for one week, then returned to Central Police Station where she was detained for one month. During detention she fell sick but received no medical treatment. On 10 November 2011, she was taken to court at Kasangati and released on bail.

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 Shs.9,500,000/= (Nine million five hundred thousand Uganda Shillings only) as damages.
  • General damages for the violation of her right to personal liberty - Shs. 7,500,000/=.
  • General damages for the violation of her right of freedom from torture or cruel, inhuman or degrading treatment or punishment - Shs. 2,000,000/=.
  • Interest at a rate of 10% per annum be paid on the total amount of Shs.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 a criminal offence must 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 being brought before a court violates the constitutional right to personal liberty under Article 23(4) of the Constitution.
Torture — Definition and Elements — Beating to Extract Information
Torture under 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 an official capacity.
Torture — Beating by Police Officers — Vicarious Liability of State
Where police officers beat a detainee with canes and batons for a prolonged period to extract information about the whereabouts of a suspect, causing pain and injuries, such conduct constitutes torture for which the State is vicariously liable under Article 24 of the Constitution.
Proof of Assault — Medical Evidence Not Mandatory
It is not a requirement of law that every allegation of assault must be proved by medical evidence; cogent oral evidence can suffice, though medical evidence helps to prove the gravity of the assault.
Burden of Proof — Failure to Enter Appearance — Uncontroverted Evidence
Where a respondent fails to enter appearance despite effective service of summons and offers no evidence, the complainant's uncontroverted evidence must be accepted as the truth.

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 40 (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.