Wakilii

Nsubuga Mukasa Moses v Attorney General [2018] UGHRC 41

Tribunal · 2018 Complaint Granted 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 illegal detention by state security operatives
Decision
Complainant awarded UGX 13,000,000 in general damages with interest at 10% per annum from date of decision until payment in full

Observed later treatment

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Holding

The Tribunal held that the complainant's rights to freedom from cruel, inhuman and degrading treatment and to personal liberty were violated when security operatives arrested, beat, and detained him for 62 days without lawful justification. The degree of mistreatment did not amount to torture but constituted cruel, inhuman and degrading treatment. The Attorney General was held vicariously liable and ordered to pay UGX 13,000,000 in general damages.

Outcome

Complainant awarded UGX 13,000,000 in general damages with interest at 10% per annum from date of decision until payment in full

Facts

On 8 September 2011, the complainant was arrested by security operatives from the District Intelligence Security Office when he went to collect his previously confiscated passport. He was taken to the Deputy DISO's office at Hotel Equatorial where he was interrogated about terrorism, beaten on the ankles, hands and back, and asked about Osama Bin Laden and photographs of the Ugandan Embassy in Kenya. He was blindfolded, driven to MUBS Nakawa, and an officer stepped on his back. He was then detained in a safe house for approximately two months, taken to the Chief of Military Intelligence offices at Mbuya for interrogation, and eventually produced before the Chief Magistrate's Court at Nakawa on 8 November 2011 on charges of using a forged passport. He paid a fine of UGX 100,000 and was released. Medical examination on 9 November 2011 revealed chest, back and lower limb pain, muscular skeletal pain, and pus in the ears. His property including wallet, identity card, diary, two mobile phones and passport were not returned.

Issues

  1. Whether the Complainant's right to protection from torture or cruel, inhuman or degrading treatment or punishment was violated by the Respondent's agents.
  2. Whether the Complainant's right to personal liberty was violated by the Respondent's agents.
  3. Whether the Complainant is entitled to any remedy.

Orders

  • Complaint allowed.
  • Respondent (Attorney General) ordered to pay complainant Nsubuga Mukasa Moses a total sum of UGX 13,000,000 as general damages.
  • General damages for violation of right to freedom from cruel, inhuman or degrading treatment: UGX 3,000,000.
  • General damages for violation of right to personal liberty: UGX 10,000,000.
  • Interest at 10% per annum on the total amount from the date of decision until payment in full.
  • Any party dissatisfied may appeal to the High Court of Uganda within 30 days from the date of decision.

Rules and key headnotes

Human Rights — Torture and Cruel, Inhuman or Degrading Treatment — Distinction Between Torture and Lesser Forms of Ill-Treatment
Torture requires deliberate inhuman treatment causing very serious and cruel suffering, whereas cruel, inhuman or degrading treatment involves infliction of intense physical and mental suffering which reaches a minimum level of severity but does not rise to the severity required for torture.
Human Rights — Torture — Ingredients of Torture Under the Convention Against Torture
The ingredients of torture are: (a) an act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person; (b) for a purpose such as obtaining information or a confession, punishment, intimidation, coercion or for any reason based on discrimination; and (c) the act is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Human Rights — Right to Personal Liberty — Illegal Detention — Constitutional and Statutory Requirements
A person arrested or detained on suspicion of having committed or about to commit an offence must be released on police bond or taken to court as soon as possible but in both cases not later than forty-eight hours from the time of arrest, as required by Article 23(4) of the Constitution and Section 25(1) of the Police Act.
Human Rights — Vicarious Liability — State Liability for Acts of Security Operatives
Where security operatives including the Anti-Terrorism Unit violate a person's human rights in the course of their official duties, the Attorney General is vicariously liable for such violations.
Human Rights — Remedies — Assessment of Damages for Illegal Detention
In assessing compensation for illegal detention, the Tribunal may award damages based on the duration of detention, with reference to precedents such as UGX 2,000,000 for every seven days of illegal detention, subject to adjustment based on the circumstances of the case.
Evidence — Burden of Proof — Human Rights Complaints
In human rights complaints, the complainant bears the burden of proving the allegations against the respondent's agents on a balance of probabilities, and he who alleges the existence of a given fact must prove it.

Legislation cited (15)

Cases cited (7)

  • Miller v Minister of Pensions [1942] 2 All ER 272
  • Betty Tibaleka & 2 Others v Dr. C.R Vincent Karuhanga [1995] KALR 904
  • Fred Tumuramye and Gerald Bwete & Others (UHRC Complaint No. 264 of 1999)
  • Ireland v United Kingdom (1978) 2 EHRR 25
  • Safati Kiwanuka v Kamuli Administration [1994-1995] HCB 74
  • Edirisa Semakula Vs Attorney General CS No. 6/197
  • Bakaliraku Vincent & Another v Attorney General (UHRC Complaint No. 316 of 2004)

Full judgment

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

Nsubuga Mukasa Moses v Attorney General 2018 UGHRC 41 (9 April 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.