Wakilii

Nuwahabwe Agaston v Attorney General [2019] UGHRC 63

Tribunal · 2019 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 by police officers
Decision
Complaint allowed; complainant awarded UGX 14,000,000 in general damages with 10% interest per annum from date of decision until payment in full

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that two police officers violated the complainant's constitutional right to freedom from torture when they beat him with a gun butt during arrest, causing him to lose three teeth and suffer severe injuries. The Attorney General was held vicariously liable and ordered to pay UGX 14,000,000 in general damages.

Outcome

Complaint allowed; complainant awarded UGX 14,000,000 in general damages with 10% interest per annum from date of decision until payment in full

Facts

On 25 September 2009 at approximately 7:30 a.m., two armed police officers from Bitereko Police Post, one named Ndyanabo, went to the complainant's home to arrest him following a dispute with his paternal aunt. When the complainant attempted to flee, the officers beat him severely with sticks, slapped and kicked him, and struck him with a gun butt on the chin. The assault caused three teeth in his upper jaw to crack and break, severe bleeding, and bodily injuries. The complainant was taken to BMC Clinic in Bitereko Trading Centre for initial treatment, then to BB Clinic in Kasheshero the following day for further examination and treatment. Medical examination revealed bruises on the chin, cracked teeth (numbers 24, 25, and 26), and several bodily injuries classified as bodily harm. The complainant later developed acute pulpitis in two of the damaged teeth, which were extracted at Kampala International University Teaching Hospital. The complainant incurred approximately UGX 300,000 in medical expenses and was left with permanent tooth loss and scarring on his chin.

Issues

  1. Whether the complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents.
  2. Whether the respondent is liable for the violation.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is wholly allowed.
  • The Attorney General is ordered to pay to the complainant a total sum of UGX 14,000,000 as general damages in compensation for the violation of his right.
  • Interest at the rate of 10% per annum to be paid on the total sum of UGX 14,000,000 calculated from the date of this decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court of Uganda within thirty (30) days from the date of this decision if not satisfied with the decision of this Tribunal.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Convention Against Torture
Torture under the Convention Against Torture consists of four central elements: (1) the act results in severe suffering or pain, whether physical or mental; (2) the act is intentionally inflicted on the victim; (3) the act is carried out for purposes such as obtaining information or a confession, punishment, intimidation, coercion, or for any reason based on discrimination; and (4) the act is carried out by or with the instigation, consent, or acquiescence of a public official or any other person acting in official capacity.
Human Rights — Torture — Prohibition — Non-Derogable Right
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment is a non-derogable right under Article 44 of the Constitution of the Republic of Uganda and is protected by Article 24 of the Constitution, Article 5 of the Universal Declaration of Human Rights, Article 7 of the International Convention on Civil and Political Rights, and Article 5 of the African Charter on Human and Peoples' Rights.
Human Rights — Torture — Proof of Violation — Medical Evidence
Where a complainant alleges torture by State agents, medical evidence documenting the nature, extent, and severity of injuries, including expert testimony on the mechanism of injury and long-term consequences, constitutes credible and reliable scientific evidence capable of proving the violation on a balance of probabilities.
Tort Law — Vicarious Liability — Master and Servant — Acts in Course of Employment
A master is vicariously liable for the acts of a servant even if the servant is acting deliberately, wrongfully, negligently, or criminally, and even if acting for his own benefit, provided that what the servant did was in the manner of carrying out what he was employed to carry out.
Tort Law — Vicarious Liability — Attorney General — Liability for Police Officers
The Attorney General is vicariously liable for violations of human rights committed by police officers acting in the course of their official duties, as the Uganda Police Force is a security institution under the Government of Uganda and the Attorney General represents the Government in legal proceedings under Article 119 of the Constitution.
Damages & Quantum — General Damages — Assessment — Current Value of Money
In assessing the quantum of damages, courts and tribunals ought to take into account the current value of money in terms of what goods and services it can purchase at present, the time elapsed since the violation, and the government's limited capacity to pay tribunal and court awards.
Damages & Quantum — General Damages — Purpose — Restitutio in Integrum
The basic purpose of damages is to put the victim in the position he would have been in had he not suffered the wrong.

Legislation cited (8)

Cases cited (8)

  • Edeku v Attorney General (1995) VI KALR 24
  • Fred Tumuramye v Gerald Bwete and 10 Others (Complaint No. UHRC 264/1999)
  • Muwonge v Attorney General (1967) EA 17
  • Matiya Byalema and Others v Uganda Transport Company (SSCA No. 10 of 1993)
  • Dr. Denis Lwamafa v Attorney General (C/S No. 79/1983)
  • George Paul Emenyu and Another v Attorney General (1994) V KALR 109
  • Acen Rose v Attorney General (Complaint No. UHRC 58/2000)
  • Steven Masaba v Uganda Railways Corporation [1994] V KALR 174

Full judgment

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

Nuwahabwe Agaston v Attorney General 2019 UGHRC 63 (18 February 2019)
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.