Wakilii

Nagujja Margaret v Attorney General and Another [2018] UGHRC 63

Tribunal · 2018 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 treatment during arrest by police officers
Decision
Complaint allowed with damages awarded to complainant for violation of constitutional right to freedom from cruel treatment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's right to freedom from cruel treatment under Articles 24 and 44 of the Constitution was violated by the 1st and 2nd Respondents during her arrest following a violent community meeting. The 2nd Respondent was found personally liable for manhandling the complainant during arrest, evidenced by medical examination showing stomach tenderness and bodily pain. The 3rd Respondent was not found liable as no evidence pinpointed her involvement in the violation. General damages totalling UGX 3,300,000 were awarded.

Outcome

Complaint allowed with damages awarded to complainant for violation of constitutional right to freedom from cruel treatment

Facts

On 17 November 2013, a community sensitization meeting was conducted by police in Nsumba LC I village, Sembabule District, following a murder. During the meeting, participants became violent and attacked police officers. The complainant, who had locked herself in her house during the chaos, emerged to look for her children. Upon stepping outside, she was arrested by the 2nd and 3rd Respondents. The complainant alleged she was beaten with a baton during arrest, dragged to a police patrol car, and taken to Sembabule Police Station. She was subsequently taken to court and remanded for two weeks. Medical examination on 30 November 2013 revealed stomach tenderness and bodily pain. The respondents denied beating the complainant, stating she was arrested as a ringleader who had incited violence and stoned the police vehicle, and that she was not beaten during arrest.

Issues

  1. Whether the Complainant's right to freedom from inhuman or degrading treatment or punishment was violated?
  2. Whether the Respondents are liable?
  3. Whether there is any remedy available to the Complainant?

Orders

  • The Complaint is allowed.
  • The 1st Respondent is ordered to pay the Complainant a sum of UGX 3,000,000 as general damages for the violation of her right to freedom from cruel treatment.
  • The 2nd Respondent is ordered to pay the Complainant a sum of UGX 300,000 as general damages for the violation of her right to freedom from cruel treatment.
  • The above total shall attract interest at Court rate from the date of this decision till payment in full.
  • Either party shall bear its own costs.

Rules and key headnotes

Human Rights — Freedom from Torture and Cruel Treatment — Constitutional Protection — Articles 24 and 44
The right to freedom from any form of torture or cruel, inhuman or degrading treatment or punishment is guaranteed under Articles 24 and 44 of the Constitution of the Republic of Uganda 1995.
Human Rights — Torture — Definition — Prevention and Prohibition of Torture Act
Torture is defined under Section 2 of the Prevention and Prohibition of Torture Act 2012 as any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person, whether a public official or other person acting in an official or private capacity, for purposes such as obtaining information or a confession, or punishing that person for an act committed or suspected.
Evidence — Burden of Proof — Human Rights Complaints — Balance of Probabilities
In human rights complaints before the Uganda Human Rights Commission Tribunal, the complainant has the duty to prove their case against the respondents on a balance of probabilities.
Human Rights — Police Conduct — Arrest — Manhandling During Arrest — Violation of Constitutional Rights
Where police officers arrest a person during a violent confrontation and evidence shows the arrestee suffered physical injuries including stomach tenderness and bodily pain, and was observed being beaten during arrest, such manhandling constitutes a violation of the constitutional right to freedom from cruel treatment under Articles 24 and 44 of the Constitution.
Human Rights — Personal Liability — Police Officers — Prevention and Prohibition of Torture Act
Under Section 8(1)(a) and (b) of the Prevention and Prohibition of Torture Act 2012, a police officer is personally liable for acts of torture or cruel treatment committed in their official capacity.
Human Rights — Remedies — Compensation — UHRC Powers under Article 53(2)
Under Article 53(2) of the Constitution, the Uganda Human Rights Commission may, if satisfied that there has been an infringement of a human right or freedom, order payment of compensation or give any other legal remedy or redress.

Legislation cited (8)

Cases cited (3)

  • Babyesiza Godfrey v Attorney General (UHRC Complaint No. MBA/015/2008)
  • Birigwenkya Godfrey v Attorney General (UHRC Complaint No. 175/2007)
  • Kiwalabye Kyaterekera Bonny v Attorney General (UHRC Complaint No. MSK/65/2011)

Full judgment

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

Nagujja Margaret v Attorney General and Another 2018 UGHRC 63 (4 June 2018)
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.