Wakilii

Sanyu and Another v Attorney General [2016] UGHRC 27

Tribunal · 2016 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 unlawful detention
Decision
Complaint allowed with compensation awarded to both complainants for torture and unlawful detention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that both complainants' rights to freedom from torture and personal liberty were violated by police officers at Fort Portal Police Station. The first complainant was illegally detained for 22 days and the second for 5 days. Both were beaten with batons by Rapid Response Unit operatives to coerce confessions regarding alleged theft. The Attorney General was held vicariously liable. Total compensation of UGX 17,500,000 was awarded.

Outcome

Complaint allowed with compensation awarded to both complainants for torture and unlawful detention

Facts

On 22 February 2011, both complainants were arrested by Rapid Response Unit operatives from Kenneth Inn, Fort Portal, following allegations of theft of approximately UGX 9 million. They were detained at Fort Portal Police Station. The first complainant was beaten on 23 February 2011 inside a uniport structure by RRU operatives using batons on his knees, ankles, back, and had metals placed between his fingers tied with rubber straps. The second complainant was similarly beaten for 30-40 minutes with a cloth pushed into his mouth to prevent screaming. The first complainant was transferred to RRU offices in Kireka on 7 March 2011, returned to Fort Portal on 10 March 2011, and released on police bond on 17 March 2011 (total 24 days detention). The second complainant was released on 28 February 2011 (total 7 days detention). Both suffered injuries requiring medical treatment. The assaults were conducted to coerce confessions about the whereabouts of stolen money.

Issues

  1. Whether the right of the complainants to protection from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents.
  2. Whether the right of the complainants to personal liberty was violated by State agents.
  3. Whether the Attorney General is liable for the violations.
  4. Whether the complainants are entitled to any remedy.

Orders

  • Complaint wholly allowed.
  • Attorney General ordered to pay Sanyu Salleh UGX 5,000,000 for violation of right to freedom from torture.
  • Attorney General ordered to pay Sanyu Salleh UGX 7,000,000 for violation of right to personal liberty.
  • Attorney General ordered to pay Friday Philemon UGX 3,500,000 for violation of right to freedom from torture.
  • Attorney General ordered to pay Friday Philemon UGX 2,000,000 for violation of right to personal liberty.
  • Interest at 10% per annum on total sum of UGX 17,500,000 from date of decision until payment in full.
  • Each party to bear own costs.
  • Either party may appeal to High Court within 30 days.

Rules and key headnotes

Torture — Definition and Elements — Four Essential Ingredients
For conduct to constitute torture under Article 1 of the Convention Against Torture, four ingredients must be proved: (1) the actions caused severe pain or suffering, whether physical or mental; (2) such pain was intentionally inflicted; (3) the purpose was to obtain information, confession, punishment, intimidation, coercion or discrimination; and (4) the actions were carried out by or at the instigation of or with the consent or acquiescence of a public official or person acting in official capacity.
Torture — Non-Derogable Right — Constitutional Protection
The right to freedom from torture is a non-derogable right under Article 44 of the Constitution of Uganda and must never be violated even under exceptional circumstances including state of war, threat of war, internal political instability or any other public emergency.
Torture — Burden of Proof — State Responsibility for Detainee Injuries
Where a person is taken into detention in good health and is released with injuries and trauma, it is incumbent on the State to provide a plausible explanation for the cause of such injuries. Failure to provide such explanation renders the State responsible for the injuries suffered.
Personal Liberty — Constitutional Limits on Detention — 48-Hour Rule
Article 23(4) of the Constitution requires that any person arrested or detained upon reasonable suspicion of having committed or being about to commit a criminal offence shall, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of detention. Detention beyond this period without court appearance is unlawful.
Vicarious Liability — State Liability for Police Actions — Master-Servant Relationship
The Attorney General is vicariously liable for acts of police officers committed within the course of their employment or within the exercise of their duty. A master remains liable whether the acts of the servant are negligent, deliberate, wanton or criminal. An act is within the course of employment if it is either a wrongful act authorized by the employer or a wrongful and unauthorized mode of doing some act authorized by the employer.
Damages — Assessment Principles — Purpose of Compensation
The basic purpose of damages is to put the victim in the position he would have been in had he not suffered the wrong. Courts must assess damages taking into account the current value of money in terms of what goods and services it can purchase at present.
Damages — Quantum for Unlawful Detention — Rate Per Day
In assessing compensation for unlawful detention, the practice is to award approximately UGX 300,000 per day of illegal detention, taking into account the duration of detention and any mitigating circumstances under which the right to personal liberty was violated.

Legislation cited (12)

Cases cited (11)

  • AK 504 v Turkey (1995) 21 EARR 573
  • Vilikova v Bulgaria (Application No. 41488/98)
  • Muwonge v Attorney General (1967) EA 17
  • Jones v Tower Boots Co Ltd [1997] 2 All ER 406
  • Matiya Byalema and Others v Uganda Transport Company (SSCA No. 10 of 1993)
  • Dr Denis Lwamafa v Attorney General (Civil Suit No. 79 of 1983)
  • George Paul Emenyu and Another v Attorney General (1994) V KALR 109
  • Kisembo Milton v Attorney General (UHRC Complaint No. FPT/005/2004)
  • Okello Dickens and Others v Attorney General (UHRC Complaint No. GLU/326/2003)
  • Walter Nyangas C v Attorney General (UHRC Complaint No. 373/2003)
  • Bakaliraku Vincent and Another v Attorney General (UHRC Complaint No. 316/2004)

Full judgment

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

Sanyu and Another v Attorney General 2016 UGHRC 27 (29 November 2016)
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.