Wakilii

Olima Majid v Attorney General [2018] UGHRC 61

Tribunal · 2018 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 alleging torture and unlawful detention by state agents
Decision
Complaint allowed in part; complainant awarded compensation for torture; claim for unlawful detention dismissed for insufficient evidence.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's right to freedom from torture was violated when CMI operatives arrested him, detained him for 26 days, and beat him with gun butts and batons while demanding information about a phone. The Tribunal found the state vicariously liable for the acts of its agents. The claim for unlawful detention failed due to insufficient evidence proving the exact duration of detention. The complainant was awarded UGX 6,000,000 in compensation for the torture violation.

Outcome

Complaint allowed in part; complainant awarded compensation for torture; claim for unlawful detention dismissed for insufficient evidence.

Facts

On 14 March 2011, Olima Majid was arrested at his home in Kalangala by CMI operatives in the presence of local officials on allegations that his phone had been used to commit a crime. He was taken to CMI offices in Kololo where he was detained for three days, then transferred to Kitintale where he was chained, hanged, and beaten with gun butts and batons for 14 days while being interrogated about the phone. He spent a total of 26 days at CMI before being transferred to Naguru police station to record a statement, then to Kabalagala police station. He was released after 45 days without charge. Witnesses testified that upon release he appeared weak and required walking sticks. He sought medical treatment at Queens Clinic, Kibuli Hospital, and Mulago Hospital. Medical evidence showed he sustained fractures and disc prolapse consistent with blunt force trauma.

Issues

  1. Whether the Complainant's right of protection from torture or cruel, inhuman or degrading treatment or punishment was violated.
  2. Whether the Complainant's right to personal liberty was violated.
  3. Whether the Complainant is entitled to any remedies.

Orders

  • The complaint is allowed in part.
  • The Attorney General (Respondent) is ordered to pay to the Complainant, Olima Majid a sum of UGX 6,000,000 as compensation for the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Interest at the rate of 10% per annum to be paid on the total sum of UGX 6,000,000 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 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 is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing, intimidating or coercing, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Evidence — Medical Evidence — Assault — Not a Requirement
It is not a requirement of law that every allegation of assault must be proved by medical evidence; cogent evidence can suffice, as medical evidence helps to prove the gravity of assault but is not indispensable.
Human Rights — Torture — Burden of Proof — Injuries Sustained in Custody
Where an individual is taken into police custody in good health but is found to be injured on release, it is incumbent on the police authority to provide a plausible explanation as to the cause of the injury, failure of which a clear issue arises establishing state responsibility.
Constitutional Law — Non-Derogable Rights — Torture — Absolute Prohibition
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment is a non-derogable right under Article 44(a) of the Constitution of Uganda 1995 and is absolutely prohibited under Article 24 of the Constitution.
Human Rights — Personal Liberty — Detention Beyond 48 Hours — Constitutional Requirement
A person arrested or detained on suspicion of having committed or about to commit an offence must, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of arrest, as required by Article 23(4)(b) of the Constitution and Section 25(1) of the Police Act.
Damages & Quantum — Compensation for Torture — Assessment — Non-Derogable Right
In determining the quantum of damages for violation of the right to freedom from torture, the fact that this is an absolute and non-derogable right under Article 44(a) of the Constitution must be taken into consideration in assessing appropriate compensation.

Legislation cited (18)

Cases cited (3)

  • Fred Tumuramye v Gerald Bwete & Others (UHRC No. 264 of 1999)
  • Fred Kainamura & Ors vs Attorney General & Ors 1994 KALR 92
  • Akisoy vs Turkey (1995) 21 EA 573

Full judgment

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

Olima Majid v Attorney General 2018 UGHRC 61 (26 March 2018)
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.