Wakilii

Rwebishengye Griffin v Attorney General [2017] UGHRC 67

Tribunal · 2017 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 Tribunal seeking compensation for alleged torture and cruel, inhuman or degrading treatment
Decision
Complaint allowed; compensation awarded to complainant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers and Presidential Guard Brigade soldiers violated the complainant's right to freedom from torture by beating him with sticks, inserting a radio call in his mouth, and tying a polythene bag filled with water around his neck. The Attorney General was held vicariously liable for acts committed by state agents. The Tribunal awarded UGX 5,000,000 as compensation, applying the principle that torture is an absolute right and compensation depends on the degree and severity of the treatment.

Outcome

Complaint allowed; compensation awarded to complainant

Facts

On 16 May 2009, the complainant was arrested by police officers at his uncle's home on allegations of child kidnap. He was taken to Kijuma Police Post where the Officer-in-Charge beat him with sticks for over an hour. Presidential Guard Brigade soldiers then transported him to President Museveni's compound at Rwakitura where approximately ten soldiers beat him with sticks, inserted a radio call in his mouth, tied a polythene bag filled with water around his neck until he could barely breathe, and broke his right leg. He was abandoned near Rushere Police Station in critical condition and crawled to the station. He was detained until relatives took him to hospital. Two days later, the allegedly kidnapped child was found at his maternal uncle's home, confirming the complainant had no connection to the disappearance.

Issues

  1. Whether the respondent's agents/servants violated the complainant's right to protection from torture or cruel, inhuman or degrading treatment or punishment.
  2. Whether the Respondent Attorney General is liable for the violations.
  3. Whether the Complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the Complainant a sum of UGX 5,000,000 as compensation for the violation of the complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • The sum of UGX 5,000,000 will carry interest at court rate from the date hereof until payment in full.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Four Ingredients Required for Proof
To establish torture under Article 1 of the UN Convention against Torture and section 3 of the Prevention and Prohibition of Torture Act 2012, four ingredients must be proved: (a) the action caused the victim severe pain or suffering, whether physical or mental; (b) such pain and suffering was intentionally inflicted; (c) the purpose was to obtain information or a confession or for punishment, intimidation, coercion or discrimination; and (d) the actions were inflicted by or at the instigation of or with the consent or acquiescence of a public official or person acting in official capacity.
Evidence — Proof of Torture — Medical Evidence Not Mandatory
It is not a requirement of law that every allegation of assault or torture must be proved by medical evidence; torture can be proved by other evidence including eyewitness testimony.
Tort Law — Vicarious Liability — Government Liability for Acts of State Agents
Under section 3 of the Government Proceedings Act Cap 77, the government is liable for all torts committed by its servants or agents, and the Attorney General is vicariously liable for acts of police officers and soldiers committed in the course of their duty, whether the act is authorised or an unauthorised act done in a wrongful manner.
Human Rights — Remedies — Compensation for Torture — Assessment Based on Severity
Under Article 50(1) and Article 53(2) of the Constitution, a person whose fundamental right has been infringed is entitled to compensation, and compensation for violation of the right to freedom from torture is based on the degree and severity of the cruelty and inhuman treatment, recognising that this freedom is an absolute right.

Legislation cited (10)

Cases cited (3)

  • Fred Kainamura v Attorney General and Others (1994 KALR)
  • Lister v Hesley Hall Ltd [2001] UKHL 22
  • Kisembo Milton v Attorney General (FP/005/2004)

Full judgment

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

Rwebishengye Griffin v Attorney General 2017 UGHRC 67 (13 September 2017)
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.