Wakilii

Owilli Jimmy v Attorney General [2018] UGHRC 33

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging violation of right to life of complainant's son who died in prison custody
Decision
Complaint allowed; estate of deceased awarded damages for violation of right to life

Observed later treatment

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Holding

The Tribunal held that the right to life of the deceased was violated by prison authorities at Amita Government Prison who failed to conduct a proper medical examination upon admission and failed to provide timely medical treatment when the deceased fell ill. The investigation into the death was inadequate. The State breached its duty to protect persons in custody. No torture was established. The estate was awarded UGX 40,000,000 in general damages.

Outcome

Complaint allowed; estate of deceased awarded damages for violation of right to life

Facts

On 23 September 2008, the deceased Okidi Festo was arrested by police on charges of threatening violence and remanded to Amita Government Prison. He was admitted to the prison on 26 September 2008 at around 5:00 pm, past lock-up time. No medical examination was conducted upon admission. The following morning, prison officers reported that the deceased had cried throughout the night, was not feeling well, and his breathing was abnormal. An ambulance was called at 2:00 pm but did not arrive until 4:00 pm. The deceased died on 27 September 2008. A post-mortem examination found no external or internal injuries and attributed death to intractable hypovolemic shock and severe hypoglycaemia. The complainant alleged his son had been tortured, citing blood from the mouth and a broken neck, but medical evidence did not support torture. The deceased was 19 years old and a Senior Two student at the time of death.

Issues

  1. Whether the Late Okidi Festo's right to life was violated contrary to Article 22 of the Constitution of the Republic of Uganda 1995
  2. Whether the Respondent's servants violated the Late Okidi Festo's right to freedom from torture, cruel, inhuman or degrading treatment
  3. Whether the Respondent is liable for the violations
  4. Whether there are any remedies available to the Complainant

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the estate of the Late Okidi Festo a sum of UGX 40,000,000 as general damages for the violation of his right to life as protected under Article 22(1) of the Constitution of the Republic of Uganda 1995.
  • The said total sum of UGX 40,000,000 shall carry interest at 10% per annum from the date of the decision until payment in full.
  • Each party shall bear its own costs.

Rules and key headnotes

Right to Life — State Duty to Protect Persons in Custody
Once a person is in custody of the state, the state has an obligation to protect that person's right to life, and the mere fact that an individual dies in suspicious circumstances while in custody raises an issue as to whether the state has complied with its obligation to protect that person's right to life.
Right to Life — Burden of Proof on Detaining Authorities
Where a death occurs in state custody, the burden is on the detaining authorities to provide a satisfactory and convincing explanation as to the cause of death and a narrative of the medical treatment administered to the deceased prior to death.
Right to Life — Duty to Conduct Medical Examination on Admission to Prison
Prison authorities have an obligation to conduct a proper medical examination on a person upon admission to prison and to provide medical care and treatment whenever necessary, regardless of the time of admission.
Right to Life — Duty to Investigate Deaths in Custody
The right to life imposes a positive obligation on the state to conduct a prompt and independent official investigation whenever a person dies in custody, and failure to conduct such investigation with the necessary diligence constitutes a violation of the right to life.
State Liability — Vicarious Liability for Acts of Agents
The state is vicariously liable for violations of constitutional rights committed by its agents, including prison officers, in the course of their duties.

Legislation cited (9)

Cases cited (28)

  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • Slimani v France (ECHR Application No. 57671/00)
  • Kats and Others v Ukraine (ECHR Application No. 29971/04)
  • Edwards v United Kingdom (ECHR Application No. 46477/99)
  • Anguelova v Bulgaria (ECHR Application No. 38361/97)
  • Aksoy v Turkey (ECHR Application No. 21987/93)
  • Salman v Turkey (ECHR Application No. 21986/93)
  • Irumba Johnson v Attorney General (UHRC Complaint No. FPT/07/2006)
  • Mariam Nakijjoba and Beatrice Isiagi v Attorney General (UHRC Complaint No. 446/2001)
  • Nakirya Sarah v Attorney General (UHRC Complaint No. 116/1998)
  • Irene Nawase and Abas Mayengo v Attorney General (UHRC Complaint No. JJA/75/2004)
  • Alyao Richard v Attorney General (UHRC Complaint No. GLU/956/1998)
  • McGlinchey and Others v United Kingdom (ECHR Application No. 50390/99)
  • Yuriy Illarionovich Shchokin v Ukraine (ECHR Application No. 4299/03)
  • Mpango Abu v Attorney General (UHRC Complaint No. J/45/2005)
  • Muwonge v Attorney General [1967] EA 17
  • Komakech Charles v Attorney General (High Court Civil Suit No. 21 of 2001)
  • Sarah Watsemwa Goseltine and Another v Attorney General (High Court Civil Suit No. 675 of 2006)
  • Thunderbolt Technical Services v Apedu Joseph and KK Security (U) Limited (High Court Civil Suit No. 340 of 2009)
  • Opio Pamena v Attorney General (UHRC Complaint No. FPT/50/2008)
  • Babyesiza Godfrey v Attorney General (UHRC Complaint No. MBA/15/2008)
  • Bagume John v Attorney General (UHRC Complaint No. JJA/10/2007)
  • Kansiime John v Attorney General (UHRC Complaint No. MBR/053/2008)
  • Bashishana Francis v Attorney General (UHRC Complaint No. MBA/117/2005)
  • Nyitho Alex Gelu v Attorney General (UHRC Complaint No. GLU/210/2004)
  • Haruna Byamukama v Attorney General (UHRC Complaint No. 130/2007)
  • Edison Oluka v Attorney General (UHRC Complaint No. S/61/2005)
  • Odong Cypriano v Attorney General (High Court Civil Suit No. 15 of 2006)

Full judgment

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Owilli Jimmy v Attorney General 2018 UGHRC 33 (21 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.