Niwabine v Attorney General (Miscellaneous Cause 92 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court found that the applicant failed to adduce cogent corroborative evidence to prove torture beyond bare averments in his affidavit. However, documentary evidence including court orders for habeas corpus, a police release order, and a police bond confirmed that the applicant was arrested on 19 November 2020 and detained incommunicado in unknown places until his release on 17 February 2021. This detention violated his constitutional rights to personal liberty and freedom of movement under Articles 23(4)(b) and 29(2) of the Constitution. The court awarded UGX 20,000,000 in general damages, UGX 1,000,000 in punitive damages, interest at 15% from date of ruling until payment in full, and costs.

Outcome

Application partially succeeded. Torture claim dismissed for lack of cogent evidence. Unlawful detention claim upheld with monetary compensation awarded.

Facts

On 19 November 2020, the applicant was arrested during demonstrations following Bobi Wine's arrest. He alleged he was beaten, blindfolded, undressed, kicked, tortured, and detained incommunicado in unknown locations until 17 February 2021 when he was released on police bond by Kawempe Police Station. His brother Babigumira Davis searched multiple police stations, courts, Kitalya prison, and Mulago mortuary without finding him. The family obtained CCTV footage identifying the arresting vehicle as UAZ 462R belonging to Uganda Police Force. On 22 and 28 December 2020, the High Court issued writs of habeas corpus. On 31 December 2020, the court issued a release order. On 19 January 2021, the Inspector General of Police wrote to the Director of Criminal Investigations requiring compliance with court orders. The applicant was eventually released on 17 February 2021, having been detained for 91 days.

Issues

1. Whether the Respondent's officers tortured, inhumanely treated or breached the dignity of the Applicant contrary to Article 20, 22, 24 and 44(a) of the Constitution.
2. Whether the Respondent's officers' incommunicado detention of the Applicant was illegal and violated the Applicant's personal liberty contrary to Article 23(4)(b) of the Constitution.
3. Whether the Respondent's officers' conduct violated the Applicant's freedom of movement contrary to Article 29(2)(a) and (b) of the Constitution.
4. Whether the remedies sought are available to the Applicant.

Orders

• The applicant is awarded UGX 20,000,000 (Twenty Million Shillings) for the violation of his right to personal liberty and freedom of movement.
• The applicant is awarded punitive damages of UGX 1,000,000 (One Million Shillings).
• The applicant is awarded interest at a rate of 15% from the date of ruling until payment in full on awards 1 and 2.
• The applicant is awarded costs of this application.

Rules and key headnotes

Legislation cited (20)

• Constitution of Uganda art.20
• Constitution of Uganda art.22
• Constitution of Uganda art.23(4)(b)
• Constitution of Uganda art.23(5)
• Constitution of Uganda art.24
• Constitution of Uganda art.29(2)(a)
• Constitution of Uganda art.29(2)(b)
• Constitution of Uganda art.32(2)
• Constitution of Uganda art.44(a)
• Constitution of Uganda art.50(1)
• Constitution of Uganda art.126(c)
• Human Rights Enforcement Act 2019 s.3
• Human Rights Enforcement Act 2019 s.4
• Human Rights Enforcement Act 2019 s.6(2)
• Human Rights Enforcement Act 2019 s.6(3)
• Human Rights Enforcement Act 2019 s.10
• Judicature Act s.33
• Prevention and Prohibition of Torture Act 2012 s.2
• Evidence Act Cap.6 s.101
• Evidence Act Cap.6 s.103

Cases cited (6)

• Uganda v Mulooki Henry (Criminal Session No. 093 of 2017)
• Joseph Tumushabe v Attorney General [2005] KALR 768
• Issa Wazembe v Attorney General (Civil Suit No. 154 of 2016)
• Ireland v United Kingdom (ECHR Application No. 5310/71)
• International Pen and Others (on behalf of Saro-Wiwa) v Nigeria (2000) AHRLR 212 (ACHPR 1998)
• Nsereko Musa v Attorney General and 15 Others (Miscellaneous Cause No. 386 of 2020)

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