Wakilii

Oreste Adratere and 2 Others v Attorney General [2024] UGHRC 15

Tribunal · 2024 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint seeking compensation for alleged torture and cruel, inhuman and degrading treatment by police officers
Decision
Complaint dismissed with no compensation awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The tribunal dismissed the complaint, holding that police use of teargas and rubber bullets to disperse a defiant crowd marching towards a disputed telecommunications mast did not constitute torture, cruel, inhuman or degrading treatment. The tribunal found the surviving complainant's evidence unreliable due to material inconsistencies, and held that the pain alleged did not meet the severity threshold required under the UN Convention Against Torture. Two complainants died during proceedings and their claims could not be transferred to representatives.

Outcome

Complaint dismissed with no compensation awarded

Facts

On 14 January 2013, the Officer-in-Charge of Logiri Police Post invited Oreste Adratere to attend a meeting at Logiri Sub-County Headquarters to resolve a dispute over a telecommunications mast erected on his land. Oreste arrived accompanied by 18 family members, clan members and others including the second and third complainants. Instead of proceeding to the meeting venue, the group marched towards the hill where the mast was located. Police officers, sensing possible destruction of the mast, fired teargas and rubber bullets to disperse the crowd. Jadriomadra Joel alleged he was hit by a rubber bullet on his lips or chin. Medical examination at Logiri Health Centre revealed no open wound or severe bruise, diagnosing allergic laryngitis conjunctivitis. Oreste Adratere and Mawa Isaac died during the proceedings. The tribunal rejected attempts to substitute their sons as parties.

Issues

  1. Whether the respondent's agents violated the complainants' right to protection from torture, cruel, inhuman and degrading treatment or punishment.
  2. Whether the respondent is vicariously liable for the actions of police officers.
  3. Whether the complainants are entitled to compensation.

Orders

  • Complaint dismissed.
  • Either party not satisfied with this decision has the right to appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Severity of Pain and Suffering
For conduct to constitute torture under the UN Convention Against Torture, there must be evidence of severity of pain and suffering, intent or reckless indifference to the possibility of causing pain and suffering, acts causing extreme pain and suffering, and involvement of a public official. Not every assault constitutes torture.
Human Rights — Torture — Standard of Proof — Strict Test Required
Courts should apply a very strict test when considering whether there has been a breach of an individual's right to freedom from torture or cruel, inhuman or degrading treatment. Only the worst examples are likely to satisfy the test.
Human Rights — Personal Rights — Non-Transferability of Personal Pain and Suffering
Personal pain or suffering is not transferrable to another person. It dies with the victim. A deceased complainant's son cannot be joined as a representative to continue a claim for personal injury or torture.
Administrative Law — Police Powers — Use of Force — Crowd Control
The use of teargas and rubber bullets by police to disperse a riotous and violent crowd in order to prevent potential criminal damage does not amount to torture, cruel, inhuman or degrading treatment. Crime prevention measures do not constitute human rights violations.
Evidence — Credibility — Material Inconsistencies in Testimony
Where a witness gives materially inconsistent accounts to different audiences regarding the nature and location of an alleged injury, the evidence is unreliable and must be rejected.

Legislation cited (3)

Cases cited (2)

  • Issa Wazembe v Attorney General (HCCS No. 154 of 2016)
  • Irembe Wambui Muchai and 5 Others v Attorney General (Kenya Constitutional and Human Rights Petition 211/2013)

Full judgment

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

Oreste Adratere and 2 Others v Attorney General 2024 UGHRC 15 (25 March 2024)
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.