Wakilii

Ntambi Manisur v Attorney General [2022] UGHRC 22

Tribunal · 2022 Complaint Partly 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 unlawful detention by state agents
Decision
Complaint partly allowed; complainant awarded compensation for torture; no violation of right to personal liberty found

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant was subjected to physical torture by police and military officers who beat him, kicked him, and squeezed his testicles to extract a confession. The Tribunal found the Attorney General vicariously liable for the violation of the complainant's right to freedom from torture. However, the Tribunal found no violation of the right to personal liberty as the complainant was not detained beyond the constitutionally permitted 48 hours. The complainant was awarded UGX 5,000,000 as compensation for the torture.

Outcome

Complaint partly allowed; complainant awarded compensation for torture; no violation of right to personal liberty found

Facts

On 29 January 2012, the complainant was arrested at his home by police and military officers on suspicion of robbery and possession of an illegal firearm. During the arrest and at Fort Portal Police Station, he was beaten with sticks, slapped, kicked, and his testicles were squeezed for approximately 10 minutes to force a confession. He was then detained at Muhooti barracks and later at Fort Portal Police Station. He was released on police bond on 7 February 2012 and subsequently admitted to Sarah Medical Clinic for treatment of a GIT infection and immune suppressive syndrome. The complainant alleged torture and unlawful detention by state agents.

Issues

  1. Whether the respondent's agents violated the complainant's right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
  2. Whether the respondent's agents violated the complainant's right to personal liberty.
  3. Whether the respondent is liable for the violations.
  4. Whether the complainant is entitled to any remedies.

Orders

  • The complaint is partly allowed.
  • The Respondent is ordered to pay the Complainant Ntambi Manisur a sum of UGX 5,000,000 as general damages for the violation of his right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
  • Each party to meet their own costs.

Rules and key headnotes

Torture — Definition and Elements — Severe Pain or Suffering Intentionally Inflicted
Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing the person for an act committed or suspected, or intimidating or coercing the person, when such pain or suffering 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.
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. If a witness testifies that he was boxed and kicked, that is evidence of assault. Medical evidence helps to prove the gravity of the assault but is not mandatory for establishing that assault occurred.
Torture — Burden of Proof — Injury During Police Custody
Where an individual is taken into police custody in good health but is found to be injured on release, it is incumbent on the police authority to provide a plausible explanation as to the cause of the injury, failing which a clear issue arises that the injury was caused by the police.
Personal Liberty — Detention Beyond 48 Hours — Constitutional Requirement
A person arrested or detained upon reasonable suspicion of having committed a criminal offence shall, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of arrest. Detention beyond 48 hours without being brought before a court violates the right to personal liberty.
Vicarious Liability — State Liability for Acts of Servants
Once the actions or omissions of a servant have been proved to have been part of the process of the servant's duty for which he was employed, they render the master liable, even though the same actions or omissions were carried out contrary to orders or instructions of the master, and even if the servant acted deliberately, wantonly, criminally, negligently, or for his own benefit, as long as what the servant carried out was merely a manner of carrying out what that servant was employed to do.

Legislation cited (8)

Cases cited (16)

  • Fred Tumuramye v Attorney General (UHRC No. 264 of 1999)
  • Fred Kainamura and Another v Attorney General [1994] KALR 92
  • Blandina Nshakiira v Kampala City Council (HCCS No. 248 of 2002)
  • Aksoy Vs Turkey, (1195) 21 EA 573
  • Makomberedze v Minister of State (Security) [1987] LRC (Const) 504
  • Wintwerp v The Netherlands (1979-80) 2 HRR 387
  • Erau Stephen v Oryem D/SP and Others (UHRC No. 397 of 1999)
  • Orhena Aduqu and Another v Mrs. Ngunan Addingi and Another (SCCA No. 193 of 2012)
  • Muwonge v Attorney General [1967] EA 17
  • Jones v Boots Co. Ltd [1997] All ER 40B
  • Komakech Patrick through his next Friend Sabino Kidega And Opio Walter through his next Friend Dominic Atare Vs Attorney General
  • Chandia Paul v Attorney General (UHRC/FPT/037/2006)
  • James Okello and Cissy Okello v Attorney General (UHRC/JJA/049/2003)
  • Zirimu Johnson v Attorney General (UHRC/344/2004)
  • Robert Coussens v Attorney General (SCCA No. 8 of 1999)
  • Businge David and Asiimwe Yasin v Attorney General (UHRC/FP/13/2006)

Full judgment

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

Ntambi Manisur v Attorney General 2022 UGHRC 22 (20 January 2022)
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.