Wakilii

Ngunum v Attorney General [2023] UGHRC 16

Tribunal · 2023 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging violation of right to life by UPDF soldiers during cordon and search operation
Decision
Complaint dismissed for failure to prove violation of right to life

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission dismissed a complaint alleging that UPDF soldiers unlawfully killed Nangiro Lokoroi during a cordon and search operation in May 2006. The tribunal held that the complainant failed to prove that UPDF soldiers caused the death, as all witnesses testified they did not see who shot the victim during the night-time incident. The tribunal found the attribution of death to UPDF soldiers was speculative, particularly given that civilians illegally possessed guns in the area. No compensation was awarded.

Outcome

Complaint dismissed for failure to prove violation of right to life

Facts

On 5 May 2006, UPDF soldiers from 403 Brigade conducted a cordon and search operation in Locholi village, Matany Sub-county, Napak district, between approximately 2:00am and 6:00am to recover illegally possessed guns. During the operation, Nangiro Lokoroi was shot and killed. The complainant, Ngunum Maria (mother of the deceased), alleged her son was shot in the head and lower ribs while attempting to flee after hearing gunshots. The incident occurred at night. Witnesses testified they heard gunshots and saw soldiers in the morning but none witnessed the actual shooting. The body was found outside the home fence. The original complainant, Apar Lobunei (father of the victim), died before the hearing and was substituted by Ngunum Maria.

Issues

  1. Whether the respondent's servants violated Nangiro Lokoroi's right to life.
  2. Whether the late Nangiro Lokoroi's family is entitled to compensation.

Orders

  • The complaint is dismissed.
  • Each party to bear their own costs.

Rules and key headnotes

Evidence — Burden of Proof — Right to Life Violations — Standard of Proof Required
In a complaint alleging violation of the right to life, the complainant bears the burden of proving that the respondent's servants caused the death and that the death was caused unlawfully, in accordance with sections 101(1) and 102 of the Evidence Act.
Human Rights — Right to Life — Attribution of Death — Sufficiency of Evidence
Where witnesses testify that they heard gunshots at night but none saw who fired the fatal shot, and where civilians in the area were known to possess illegal firearms, it is unsafe to attribute death to state agents based on speculation, conjecture, or assumptions rather than direct evidence of identity.
Evidence — Credibility of Witnesses — Complainant's Knowledge of Basic Facts
A complainant's credibility may be seriously undermined where she claims to be the mother of the deceased but cannot state the victim's age, the year of death, or other basic facts that any reasonable parent would know.

Legislation cited (5)

Full judgment

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

Ngunum v Attorney General 2023 UGHRC 16 (18 April 2023)
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.