Wakilii

Odong Felix v Attorney General [2016] UGHRC 41

Tribunal · 2016 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before the Uganda Human Rights Commission seeking compensation for alleged torture and cruel, inhuman and degrading treatment by police officers
Decision
Complaint dismissed; no violation of human rights established

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission dismissed the complaint, holding that the complainant failed to prove on a balance of probabilities that state agents violated his right to freedom from torture, cruel, inhuman and degrading treatment. The tribunal found major contradictions between the complainant's testimony and that of his witness regarding the circumstances of the alleged shooting, rendering their evidence inadmissible. The tribunal further held that the matter concerned attempted murder, a criminal offense outside the tribunal's jurisdiction, and that not every trespass to the person constitutes a human rights violation.

Outcome

Complaint dismissed; no violation of human rights established

Facts

On 17 February 2008 at approximately 5:00 p.m., the complainant was returning to his village when he encountered a group of civilians who had blocked the road with bicycles. An altercation ensued over a sachet of waragi, resulting in the complainant sustaining bruises. The complainant alleged that two Special Police Constables from Kochgoma Police Post subsequently shot him without reason, causing injuries to his arm and back. He was treated at Kochgoma Health Centre and referred to Gulu Hospital where he underwent surgery and was admitted for two weeks. The complainant sought compensation for alleged violation of his right to freedom from torture and cruel, inhuman and degrading treatment. Medical examination in 2013 revealed scars on the left upper arm and left scapular area consistent with penetrating injuries approximately five years old.

Issues

  1. Whether the respondent's agents/servants violated the complainant's right to protection from torture, cruel, inhuman and degrading treatment or punishment.
  2. Whether the respondent (Attorney General) is liable for the violations against the complainant's rights.
  3. Whether the complainant is entitled to compensation.

Orders

  • The complaint is dismissed.
  • Each party shall bear their own costs.
  • Any party dissatisfied with this Decision or any part thereof may appeal to the High Court of Uganda within 30 days from the date of this Decision.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Four Essential Ingredients
For an act to constitute torture under Article 1 of the Convention Against Torture, four ingredients must be proved: (1) the action caused the victim severe pain or suffering, whether physical or mental; (2) such pain and suffering was intentionally inflicted; (3) the purpose was to obtain information or a confession, or for punishment, intimidation, coercion or discrimination; and (4) the actions were inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or person acting in official capacity.
Human Rights — Torture — Distinction from Trespass to the Person
An assault per se or any other act of trespass to the person is not in itself an act of torture. For an act to constitute torture, it must be severe and must be inflicted on the victim for the purpose of extracting a confession, or for intimidation, coercion or discrimination, and the person inflicting the pain must be a public official or must have acted with the consent or acquiescence of a public official.
Evidence — Contradictions in Testimony — Effect on Admissibility
Where there are contradictions in the evidence of a witness, the deciding factor in law is whether they were such major contradictions as to indicate that the witness deliberately told lies to court. Major contradictions render the evidence inadmissible.
Administrative Law — Uganda Human Rights Commission — Jurisdiction — Criminal Offenses
The Uganda Human Rights Commission does not have jurisdiction to inquire into, investigate or hear matters concerning criminal offenses such as attempted murder, which are triable by the courts of law.

Legislation cited (6)

Cases cited (3)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Abdullah Dhala v Sadruni (Civil Appeal No. 32 of 1994)
  • Obwola Walter Ojok v Attorney General (Complaint No. GLU/46/2007)

Full judgment

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

Odong Felix v Attorney General 2016 UGHRC 41 (19 April 2016)
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.