Wakilii

Onyepa Stephen v Attorney General [2022] UGHRC 28

Tribunal · 2022 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 alleging torture and cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed; Attorney General ordered to pay compensation of UGX 2,500,000

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission held that the complainant's right to freedom from cruel, inhuman and degrading treatment or punishment was violated when a police officer grabbed and pulled his testicles, slapped him, and beat him while in custody at Gogonyo Police Post. The assault reached a minimum level of severity constituting cruel, inhuman and degrading treatment, though not torture. The Attorney General was held vicariously liable and ordered to pay UGX 2,500,000 in general damages.

Outcome

Complaint allowed; Attorney General ordered to pay compensation of UGX 2,500,000

Facts

On 8 May 2013, the complainant was arrested by police officers from Gogonyo Police Post on allegations of obstructing justice by aiding his younger wife to escape arrest. At the police post, the Officer in Charge grabbed the complainant's testicles and pulled him for about five minutes, slapped him hard on the face, pushed his head against the wall and floor, and beat him with a baton for approximately 30 minutes. The complainant was detained overnight in a cell and released on bond the following morning. He sought medical treatment at Gogonyo Health Centre III and was referred to Pallisa Hospital. Medical examination on 15 May 2013 revealed blunt soft tissue injury with bruising in the scrotum, classified as harm. The respondent's counsel cross-examined the complainant and witnesses but presented no defence case.

Issues

  1. Whether the complainant's right of freedom from torture or cruel, inhuman and degrading treatment or punishment was violated by State Agents.
  2. Whether the Attorney General is liable for the violations.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is allowed wholly.
  • The Attorney General is ordered to pay to the complainant, Onyepa Stephen, a total sum of UGX 2,500,000 (Uganda Shillings two million five hundred thousand only) for the violation of his right of freedom from cruel, inhuman and degrading treatment or punishment.
  • 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

Human Rights — Freedom from Torture and Cruel, Inhuman or Degrading Treatment — Distinction Between Torture and Cruel, Inhuman or Degrading Treatment
Torture requires deliberate inhuman treatment causing very serious and cruel suffering, whereas cruel, inhuman or degrading treatment involves the infliction of intense physical and mental suffering which reaches a minimum level of severity but does not reach the threshold of torture.
Human Rights — Freedom from Torture and Cruel, Inhuman or Degrading Treatment — Elements of Torture Under UNCAT
Under the UN Convention Against Torture, torture comprises four elements: (1) acts inflicting severe pain or suffering, whether physical or mental; (2) acts intentionally inflicted on the victim; (3) acts carried out for purposes such as obtaining information, confession, punishment, intimidation or coercion based on discrimination; and (4) acts carried out by or at the instigation of or with the consent or acquiescence of a public official or person acting in official capacity.
Human Rights — Freedom from Torture and Cruel, Inhuman or Degrading Treatment — Non-Derogable Right
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment is non-derogable under Article 44(a) of the Constitution of Uganda and cannot be suspended under any circumstances, including times of war or states of emergency.
Administrative Law — Vicarious Liability — Attorney General's Liability for Acts of State Agents
Under Article 119(4)(c) of the Constitution of Uganda, the Attorney General is charged with representing the Government in civil proceedings and is held vicariously liable for violations of human rights committed by State agents in the execution of their duties.
Damages & Quantum — Assessment of Compensation for Human Rights Violations — Factors to Consider
In assessing compensation for violation of human rights, the tribunal considers: (a) the nature of injuries sustained; (b) the fact that the right is non-derogable; (c) awards in previous similar cases; and (d) the current value of money in terms of purchasing power.

Legislation cited (9)

Cases cited (3)

  • George Asiimwe v Attorney General (HCCS No. 481 of 1997)
  • Ireland v United Kingdom (1978) 2 EHRR 25
  • Matiya Byabalema and Others v Uganda Transport Company (SCCA No. 10 of 1993)

Full judgment

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

Onyepa Stephen v Attorney General 2022 UGHRC 28 (22 February 2022)
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.