Wakilii

Okello Richard v Uganda [2016] UGHRC 39

Tribunal · 2016 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 seeking compensation for alleged torture and property deprivation by UPDF soldiers
Decision
Complaint partly allowed; complainant awarded UGX 2,000,000 in general damages for torture; property deprivation claim dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission held that UPDF soldiers violated the complainant's right to freedom from torture, cruel, inhuman and degrading treatment when they arrested, beat and detained him at Coo-rom Detach on allegations of adultery. The Commission found the Attorney General vicariously liable for the soldiers' actions under Article 119(4)(c) of the Constitution and awarded UGX 2,000,000 in general damages. The claim for deprivation of property failed for lack of documentary evidence proving payment of the alleged release fee.

Outcome

Complaint partly allowed; complainant awarded UGX 2,000,000 in general damages for torture; property deprivation claim dismissed

Facts

On 21 May 2007 at approximately 9:00 p.m., five UPDF soldiers from Coo-rom Detach arrested the complainant at his shop in an IDP camp on allegations that he had sexual intercourse with the wife of one of the soldiers, Oyat. The soldiers severely beat him using sticks and gun barrels, causing bruises to his back and shoulders. He was detained overnight at the detach, where he was placed in a hole and water was poured on him. The following day he was ordered to slash the detach compound and was told to pay UGX 78,000 for his release and UGX 30,000 for cleansing. His father arranged payment of UGX 80,000 through the LC1 chairman, after which he was released on 22 May 2007. He sought medical treatment at Kochgoma Health Centre IV. The complainant reported the matter to police but received no response. He subsequently filed a complaint with the Uganda Human Rights Commission seeking compensation for torture and deprivation of property.

Issues

  1. Whether the respondent's agents/servants violated the complainant's right to protection from torture, cruel, inhuman and degrading treatment.
  2. Whether the complainant's right to ownership of property was deprived.
  3. Whether the respondent is liable for the violations.
  4. Whether the complainant is entitled to compensation.

Orders

  • The complaint is allowed in part.
  • The respondent is ordered to pay the complainant, Okello Richard, a sum of UGX 2,000,000 as general damages for violation of his right to protection from torture, cruel, inhuman and degrading treatment or punishment.
  • The UGX 2,000,000 will carry interest at court rate from the date hereof until payment in full.
  • Any party dissatisfied with this decision or any part thereof may appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Four-Part Test under Convention Against Torture
To establish torture under the Convention Against Torture and Article 24 of the Constitution, four elements 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, confession, 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.
Evidence — Medical Evidence — Assault Cases — Not a Requirement of Law
It is not a requirement of law that every allegation of assault or torture must be proved by medical evidence. The absence of a medical report does not in itself exonerate the respondent from alleged violations where consistent witness testimony establishes the assault.
Administrative Law — Vicarious Liability — Government Liability for Acts of Soldiers
The Attorney General is vicariously liable for acts of soldiers under Article 119(4)(c) of the Constitution and section 10 of the Government Proceedings Act. It is immaterial whether the acts done by the soldiers were erroneous, unlawful or done without authority, as long as they were done in the course of their employment. An act is within the course of employment if it is either a wrongful act authorised by the employer or a wrongful and unauthorised mode of doing some act authorised by the employer.
Evidence — Witness Credibility — Contradictions — Deliberate Untruthfulness
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. Evidence containing deliberate untruthfulness on a material point may be disregarded.
Damages & Quantum — General Damages — Torture — Assessment Based on Severity of Injuries
In assessing compensation for torture, the amount awarded is based on the injuries sustained and the severity of the pain and suffering experienced. Where a complainant sustained bruises on the back and shoulder from beating by soldiers, an award of UGX 2,000,000 was appropriate, being slightly lower than the UGX 3,000,000 awarded in a case involving more extensive injuries.

Legislation cited (10)

Cases cited (6)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • FRED KAINAMURA VS ATTORNEY GENERAL & ORS 1994 KALR 92
  • Abdullah Dhala v Sadruni (Civil Appeal No. 32 of 1994)
  • Muwonge Vs A.G (1967) EA 17
  • Jones Vs Tower Boots Co. Ltd 1997 ALLER 40 B
  • Kisembo Milton v Attorney General (Complaint No. FP/005/2004)

Full judgment

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

Okello Richard v Uganda 2016 UGHRC 39 (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.