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Samuel Wabwire Joseph and Another v Attorney General [2017] UGHRC 41

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 alleging torture and cruel, inhuman or degrading treatment by police officers
Decision
Complaint allowed; complainants awarded general damages totalling UGX 12,000,000 with interest at 10% per annum

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers from Civil Aviation Authority and Entebbe Police Station violated the complainants' constitutional right to freedom from torture when they beat them with gun butts, kicked and punched them during an arrest at Entebbe Airport. Although the police were acting lawfully in apprehending the complainants for suspected smuggling, the use of excessive force constituted torture under Article 24 of the Constitution. The Tribunal awarded general damages of UGX 7,000,000 to the first complainant and UGX 5,000,000 to the second complainant.

Outcome

Complaint allowed; complainants awarded general damages totalling UGX 12,000,000 with interest at 10% per annum

Facts

On 5 September 2012, Samuel Wabwire Joseph and Lt. Col. Andrew Muchwa were on duty at Entebbe Airport offloading cargo from an aircraft arriving from South Africa. Police officers from Civil Aviation Authority and Entebbe Police Station, under the command of ASP Caleb Mwesigye, stopped the offloading on suspicion of smuggling. When Lt. Col. Muchwa requested to first secure the aircraft before going to the police station, officers attempted to arrest him. He resisted, stating a senior officer should not be arrested in that manner. Police then beat him with gun butts and kicked him on the head, chest and legs. When Wabwire intervened, three to four officers beat him with gun butts, kicked him, causing him to fall unconscious with blood from his mouth and a swollen eye. Medical examination confirmed both complainants sustained harm-level injuries including bruises, chest pain and facial injuries. The complainants attempted to register assault cases at Entebbe Airport Police Station but were refused. They later reported to Entebbe Police Station and sought medical treatment.

Issues

  1. Whether the Complainants' right to freedom from torture, cruel, inhuman or degrading treatment or punishment was violated by the Respondent's agents.
  2. Whether the Complainants are entitled to any remedies.

Orders

  • Complaint allowed.
  • Respondent ordered to pay the 1st Complainant Samuel Wabwire UGX 7,000,000 as compensation for violation of his right to freedom from torture, cruel, inhuman and degrading treatment or punishment.
  • Respondent ordered to pay the 2nd Complainant Andrew Muchwa UGX 5,000,000 as compensation for violation of his right to freedom from torture, cruel, inhuman and degrading treatment or punishment.
  • Total awarded sum of UGX 12,000,000 to carry interest at 10% per annum from the date of judgment until payment in full.
  • Each party to bear its own costs.

Rules and key headnotes

Freedom from Torture — Elements of Torture — Definition under Convention Against Torture
Torture consists of three elements: (a) an act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person; (b) for a purpose such as obtaining information or a confession, punishment, intimidation, coercion or for any reason based on discrimination; and (c) the act 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.
Non-Derogable Rights — Freedom from Torture — Absolute Prohibition
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 1995 and is absolutely prohibited under Article 24, regardless of the circumstances or lawfulness of the underlying arrest.
Torture — Excessive Force During Lawful Arrest — Vicarious Liability of State
Where police officers are acting lawfully in effecting an arrest but use excessive force that causes severe pain or suffering, such conduct constitutes torture for which the State is vicariously liable, notwithstanding the lawfulness of the arrest itself.
Burden of Proof — Human Rights Violations — Standard of Proof
In human rights complaints, the burden of proof lies with the complainant to prove on a balance of probability that the alleged violation occurred, in accordance with Section 101(1) and Section 102 of the Evidence Act.
Remedies — General Damages for Torture — Assessment Factors
In assessing general damages for torture, relevant factors include: the non-derogable nature of the right to freedom from torture; the nature and severity of the acts of torture; and the nature of injuries sustained attributable to the torture.
Special Damages — Pleading and Proof — Requirement for Receipts
Special damages must be specifically pleaded and strictly proved by production of receipts relating to the transactions in which they were incurred; where no receipts are produced, special damages cannot be awarded.

Legislation cited (7)

Cases cited (4)

  • Fred Tumuramye and Gerald Bwete & Others (UHRC Complaint No. 264 of 1999)
  • Agaba Benard v Attorney General (UHRC Complaint No. 56 of 2002)
  • Eladam Enterprises Ltd v S.G.S (U) Ltd and Others (Civil Appeal No. 20 of 2002)
  • Joseph Serwadda v Attorney General (Civil Suit No. 1422 of 2000)

Full judgment

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

Samuel Wabwire Joseph and Another v Attorney General 2017 UGHRC 41 (4 December 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.