Wakilii

Okello Francis Ongom v Attorney General [2023] UGHRC 13

Tribunal · 2023 Complaint Allowed — Damages Awarded 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 cruel, inhuman and degrading treatment
Decision
Complaint allowed with award of general damages and interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The tribunal found that the complainant, a UPDF soldier, was beaten on orders of a superior officer while on deployment in Sudan. Although the respondent's agent admitted liability and partially compensated the complainant, the tribunal awarded general damages for violation of the right to freedom from torture and cruel, inhuman and degrading treatment. The tribunal noted that paralysis in the complainant's hand predated the beating and was caused by an earlier gunshot wound.

Outcome

Complaint allowed with award of general damages and interest

Facts

On 11 November 2006, the complainant, Private Okello Francis Ongom (RAI 94503), was attached to 105 Battalion UPDF based in Nisutu, Sudan. Six UPDF soldiers from the same battalion beat him using sticks on orders of 2nd Lt. Otim Bosco, who was then an Intelligence Officer. The beating was ordered on allegations that the complainant was avoiding official deployment. He was beaten on the chest, buttocks and elbows until he vomited blood. The complainant alleged he suffered paralysis of the right hand as a result. Lt. Otim Bosco subsequently agreed to compensate the complainant UGX 1,000,000 and paid UGX 200,000 but defaulted on the balance. The tribunal found that the paralysis had been caused earlier by a gunshot wound suffered while the complainant was in an LRA rebel camp, not by the beating. The tribunal also noted that the complainant had escaped from the major force while on operations, committing an operational offence.

Issues

  1. Whether the complainant merits a remedy for violation of his right to protection from torture, cruel, inhuman and degrading treatment or punishment.

Orders

  • The complaint is allowed.
  • The respondent is ordered to pay to the complainant a total sum of U.Shs 4,000,000 (Four Million Shillings only) as general damages for violation of his right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
  • The general damages shall attract interest at Court rate from the date of this decision until payment in full.
  • Each party to bear their own costs.

Rules and key headnotes

Human Rights — Torture and Cruel, Inhuman and Degrading Treatment — Liability of State for Acts of Military Officers
The state is liable for violations of the right to freedom from torture, cruel, inhuman and degrading treatment committed by its military officers acting in their official capacity, even where the victim had committed an operational offence.
Human Rights — Remedies — Power of Uganda Human Rights Commission to Award Compensation
Under Article 53(2)(b) and (c) of the Constitution of Uganda 1995, the Uganda Human Rights Commission may, if satisfied that there has been an infringement of a human right, order compensation to be paid to the victim or order any other remedy or redress.
Damages — General Damages — Assessment Where Victim Committed Prior Offence and Injury Partially Pre-existing
In assessing general damages for torture and cruel treatment, the tribunal may take into account mitigating factors including that the victim had committed an operational offence, that the perpetrator showed remorse and made partial compensation, and that some of the alleged injuries were caused by earlier unrelated events.

Legislation cited (2)

Full judgment

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

Okello Francis Ongom v Attorney General 2023 UGHRC 13 (7 December 2023)
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.