Wakilii

Opio Aditho and Others v Attorney General [2018] UGHRC 75

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging torture and unlawful detention by UPDF soldiers
Decision
Complaint allowed; Attorney General ordered to pay general damages totalling UGX 13,000,000 with interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that UPDF soldiers tortured the complainants by beating them with sticks and pangas to coerce confessions about a stolen power saw machine, violating their constitutional right to freedom from torture under Article 24. The Attorney General was held vicariously liable. The Tribunal awarded general damages totalling UGX 13,000,000 to the three complainants, with interest at 10% per annum from the date of judgment.

Outcome

Complaint allowed; Attorney General ordered to pay general damages totalling UGX 13,000,000 with interest

Facts

On 21 November 2011, the three complainants were working in Lendu forest splitting timber when UPDF soldiers approached them and accused them of stealing a power saw machine belonging to one Jimmy Odonga. The soldiers beat the complainants with sticks, pangas, and batons for approximately two hours, demanding they confess the location of the stolen machine. The complainants sustained soft tissue injuries, abrasions, and wounds. They were taken to Lendu barracks, then detained at Zeu Police station overnight, and subsequently transferred to Paidha Police station where they were held for three to four days. On 24 November 2011, they were taken to Paidha Health Centre for medical treatment before being charged with threatening violence and remanded for eight months.

Issues

  1. Whether the Respondent's agents violated the Complainants' right to protection from torture, cruel, inhuman and degrading treatment.
  2. Whether the Complainants are entitled to any remedies.

Orders

  • The Complaint is allowed.
  • The Respondent is ordered to pay Opio Aditho UGX 5,000,000 as general damages.
  • The Respondent is ordered to pay Macwonga Oboko Santo UGX 4,000,000 as general damages.
  • The Respondent is ordered to pay Angala Aditho UGX 4,000,000 as general damages.
  • The total sum of UGX 13,000,000 will carry interest at 10% per annum from the date of judgment until payment in full.

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.
Human Rights — Torture — Non-Derogable Right — Constitutional Protection
The right to freedom from torture, cruel, inhuman or degrading treatment or punishment is a non-derogable right under Article 44(a) of the Constitution of Uganda, and no excuse whatsoever is allowed in law for this freedom to be derogated from.
Tort Law — Vicarious Liability — State Liability for Acts of Security Forces
The Attorney General is vicariously liable for acts of torture committed by UPDF soldiers acting in their official capacity, even where the soldiers were attempting to recover stolen property.
Evidence — Burden of Proof — Human Rights Violations
In human rights complaints, the burden of proof lies with the person asserting that his or her rights have been violated, who must prove the existence of the facts upon which the alleged violation is based.
Damages & Quantum — General Damages — Torture — Assessment Factors
In assessing general damages for torture, the tribunal considers the current value of money, the nature of the right violated (particularly where non-derogable), the magnitude of injuries suffered, and the duty to be fair to both parties.

Legislation cited (6)

Cases cited (2)

  • Fred Tumuramye v Gerald Bwete and Others (UHRC No. 264 of 1999)
  • Omola Moses v Attorney General (UHRC/SRT/206 of 2005)

Full judgment

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

Opio Aditho and Others v Attorney General 2018 UGHRC 75 (24 May 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.