Wakilii

Okwao and 3 Others v Attorney General [2019] UGHRC 23

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 and cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed wholly; complainants awarded general damages totalling UGX 19,000,000 with interest at 10% 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 police officers violated the complainants' constitutional right to freedom from torture and cruel, inhuman or degrading treatment by beating them with gun butts, sticks, and boots during an arrest on 18 August 2007. Three complainants suffered torture causing severe pain and injuries to the back, buttocks, ears, and face; one complainant suffered cruel and inhuman treatment. The Attorney General was held vicariously liable. The Tribunal awarded UGX 19,000,000 in general damages: UGX 5,000,000 each to three complainants for torture, and UGX 4,000,000 to one complainant for cruel treatment, plus 10% interest per annum from the date of decision.

Outcome

Complaint allowed wholly; complainants awarded general damages totalling UGX 19,000,000 with interest at 10% per annum from date of decision until payment in full

Facts

On 18 August 2007, four complainants were arrested by two police officers (Obilil and Naphtali) from Mukongoro Police Post in Ogosoi Apany village on allegations of theft of groundnuts and assault. During the arrest at a neighbour's home, the police officers beat the complainants for approximately one hour using gun butts, sticks, kicks, and slaps. Three complainants (Okwao Justine, Okanya Joseph, and Emuat Abraham) sustained injuries to the back, buttocks, ribs, face, and ears, and were detained overnight at Mukongoro Police Post before being released or transferred to Kumi Central Police Station. The fourth complainant (Apiya Lucy) was beaten with a stick and released the same day. All complainants sought medical treatment at Mukongoro Health Centre III. The beatings occurred in the context of a domestic dispute involving one complainant and his wife.

Issues

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

Orders

  • The complaint is allowed wholly.
  • The Attorney General is ordered to pay to the complainants a total sum of UGX 19,000,000 broken down as follows: Okwao Justine UGX 5,000,000; Okanya Joseph UGX 5,000,000; Emuat Abraham UGX 5,000,000; Apiya Lucy UGX 4,000,000.
  • Interest at the rate of 10% per annum to be paid on the total sum of UGX 19,000,000 from the date of this decision until payment in full.
  • Each party shall bear their own costs.
  • Either party not satisfied with the decision of the Tribunal may appeal to the High Court of Uganda within thirty (30) days from the date of this decision.

Rules and key headnotes

Freedom from Torture — Definition and Elements — UNCAT Article 1
Torture requires five elements: (a) the act inflicted severe pain or suffering, whether physical or mental; (b) the act was intentionally inflicted; (c) the act was carried out for the purpose of obtaining information, a confession, intimidating or coercing the victim or a third person; (d) the act was inflicted by or at the instigation of or with the consent or acquiescence of a public official or any other person acting in an official capacity; and (e) the pain or suffering inflicted was not inherent or incidental to any lawful sanctions.
Torture Distinguished from Inhuman or Degrading Treatment — Severity Threshold
Torture requires deliberate inhuman treatment causing very serious and cruel suffering, whereas inhuman treatment or punishment involves the infliction of intense physical and mental suffering which reaches a minimum level of severity, and degrading treatment requires ill treatment designed to arouse in the victims feelings of fear, anguish and inferiority capable of humiliating and debasing them and possibly breaking their physical or moral resistance.
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 only helps to prove the gravity of the assault. A person can testify in court as to her injuries without the aid of an expert medical witness as long as the party describes the injuries clearly.
Burden of Proof — Failure to Rebut Evidence
Contentious issues are deemed admitted where a defendant does not call evidence in rebuttal. Once a complainant adduces evidence proving a violation, the respondent's failure to present a defense or file submissions results in the complainant's evidence remaining unshaken.
Vicarious Liability — State Liability for Acts of Police Officers
Once it is proved that the servant was an employee of the master, there is a presumption that he was in the course of employment. The burden then lies on the master to prove the contrary. The Attorney General is vicariously liable for violations of human rights committed by police officers acting in the course of their official duties.
Assessment of Damages for Torture — Relevant Factors
In determining the quantum of damages for violation of the right to freedom from torture or cruel, inhuman or degrading treatment, the tribunal shall take into account: (a) that the right violated is non-derogable under Article 44(a) of the Constitution; (b) the severity of injuries suffered; (c) relevant case precedents; and (d) the current value of money in terms of what goods and services it can purchase at present.

Legislation cited (11)

Cases cited (7)

  • Martin Edeku v Attorney General (1995) XI KALR 24
  • Ireland v United Kingdom (1978) 2 EHRR 25
  • Fred Kainamura and Another v Attorney General (1994) KALR 92
  • Blandina Nshakiira v Kampala City Council (HCCS No. 248 of 2002)
  • Iwina v Arua Town Council (1997) HCB 28
  • Omola Moses v Attorney General (UHRC Complaint No. SRT/206/2005)
  • Matiya Byabalema and Others v Uganda Transport Company (SCCA No. 10 of 1993)

Full judgment

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Okwao and 3 Others v Attorney General 2019 UGHRC 23 (7 October 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.