Wakilii

Sande Deus v Attorney General [2019] UGHRC 56

Tribunal · 2019 Complaint Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging cruel, inhuman and degrading treatment during arrest and detention
Decision
Complaint dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Tribunal held that the complainant's right to freedom from cruel, inhuman and degrading treatment was not violated. The injuries sustained during re-arrest resulted from the complainant's resistance to lawful arrest after escaping police custody. Under the Criminal Procedure Code s.2(2), police may use necessary means to effect arrest when a person forcibly resists. Medical evidence showed no obvious signs of physical injuries beyond soft tissue damage consistent with struggle during re-arrest.

Outcome

Complaint dismissed

Facts

On 16 January 2012 at approximately 10:00 pm, the complainant was at Mama Sarah's bar in Kyemamba trading centre when he was approached by the Officer in Charge of Kyemamba Police Post, another police officer, and his father-in-law Kizito. The complainant was arrested along with George Sylvester Niwagaba and taken toward Kyemamba Police Post. As they approached the post, the complainant escaped. He was subsequently re-arrested near his home. The complainant alleged he was beaten with sticks during the re-arrest, causing injuries to his hands and thighs. He was detained briefly at Kyemamba Police Post and released on police bond the following day. On 17 January 2012, Dr Ssenoga Siraj of Byansi Clinic examined the complainant and found a painful swollen wound on the right hand and chest pain with no obvious physical injuries. X-rays revealed no fractures. The doctor classified the injuries as soft tissue injuries constituting bodily harm.

Issues

  1. Whether the Complainant's right to freedom from cruel, inhuman and degrading treatment or punishment was violated?
  2. Whether the Respondent is liable?
  3. Whether the Complainant is entitled to any remedy?

Orders

  • The complaint is disallowed.
  • Each party shall bear its own costs.

Rules and key headnotes

Human Rights — Freedom from Cruel, Inhuman and Degrading Treatment — Use of Force During Arrest — Resistance to Lawful Arrest
Where a person escapes from lawful police custody and forcibly resists re-arrest, injuries sustained during the struggle to effect re-arrest do not constitute a violation of the right to freedom from cruel, inhuman and degrading treatment under Articles 24 and 44(a) of the Constitution, provided the force used was necessary to effect the arrest as permitted by the Criminal Procedure Code s.2(2).
Criminal Law & Procedure — Arrest — Use of Force — Resistance to Arrest
Under the Criminal Procedure Code s.2(2), when a person forcibly resists the endeavour to arrest him or attempts to evade arrest, a police officer making the arrest may use all means necessary to effect the arrest.

Legislation cited (5)

Cases cited (3)

  • Salvatory Abuki and Another (SCCA No. 1 of 1998)
  • Hon. Okupa Ellijah and 2020 Others v Attorney General and 3 Others (HCMC No. 14 of 2005)
  • Chahal v United Kingdom (ECHR Application No. 22414/93)

Full judgment

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

Sande Deus v Attorney General 2019 UGHRC 56 (17 June 2019)
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.