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Sebandeke Siraje Abudallah v Uganda [2017] UGHRC 51

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 seeking compensation for alleged torture and unlawful detention
Decision
Complaint allowed; Respondent ordered to pay UGX 10,000,000 in general damages with interest at court rate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission held that the complainant's rights to freedom from torture and to personal liberty were violated when he was arrested without being informed of reasons, detained for five days at Entebbe Police Station beyond the constitutional 48-hour limit, then transferred to an ungazetted detention facility (JATT Kololo) where he was held incommunicado for four months, beaten with a gun butt, slapped until he spat blood, and forced to pluck his beard. The Commission awarded UGX 5,000,000 for each violation, totalling UGX 10,000,000 in general damages.

Outcome

Complaint allowed; Respondent ordered to pay UGX 10,000,000 in general damages with interest at court rate

Facts

In August 2010, the complainant was arrested at Kasenyi landing site by police officers who refused to state reasons for arrest. He was taken to Entebbe Police Station where he was detained for five days. On the fifth day, plain-clothed men transferred him to the Joint Anti-Terrorism Task Force (JATT) offices at Kololo. During transfer, he was questioned about Sheikh Mujibu, beaten in the stomach with a gun butt when he denied knowledge, and slapped until he spat blood. He was blindfolded and forced to put his head under car seats. At JATT, he was detained for four months without being produced in court. He and other detainees were forced to pluck their beards by hand and were prohibited from possessing religious papers or pens. The complainant was never charged or brought before a court during his detention.

Issues

  1. Whether the Respondent's agents violated the Complainant's right to protection from torture or cruel, inhuman and degrading treatment or punishment.
  2. Whether the Complainant's right to personal liberty was violated by the Respondent's agents.
  3. Whether the complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay the Complainant a sum of UGX 5,000,000 as general damages for the violation of his right to protection from torture, cruel, inhuman and degrading treatment.
  • The Respondent is ordered to pay the Complainant a sum of UGX 5,000,000 as general damages for the violation of his right to personal liberty.
  • The total sum of UGX 10,000,000 will carry interest at court rate from the date hereof until payment in full.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Intentional Infliction of Severe Pain for Purpose of Obtaining Information
Torture consists of four essential elements: (a) the action has caused the victim severe pain or suffering, whether physical or mental; (b) such pain and suffering was intentionally inflicted on the victim; (c) the purpose of the action was to obtain information or a confession or for punishment, intimidation, coercion or for any reason based on discrimination; and (d) the actions were 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.
Evidence — Proof of Assault — Medical Evidence Not Required Where Cogent Oral Evidence Available
It is not a requirement of law that every allegation of assault must be proved by medical evidence. Cogent oral evidence can suffice. If a witness says he was boxed or kicked, that is evidence of assault without need for medical corroboration. Medical evidence helps to prove the gravity of the assault but is not essential to establish that assault occurred.
Evidence — Burden of Proof — Effect of Failure to Cross-Examine or Call Defence Evidence
Where a respondent fails to cross-examine a complainant's witnesses and calls no defence evidence, the complainant's evidence is left unchallenged and must be accepted as truth. Contentious issues asserted by the complainant that are not challenged and disproved by the respondent's evidence must be deemed to have been admitted by the respondent.
Constitutional Law — Right to Personal Liberty — Arrest and Detention — Duty to Inform Arrested Person of Reasons Immediately
Article 23(3) of the Constitution requires that a person arrested, restricted or detained shall be informed immediately in a language that the person understands of the reasons for arrest or detention. Failure to inform an arrested person of the reasons for arrest at the time of arrest violates the constitutional right to personal liberty.
Constitutional Law — Right to Personal Liberty — Detention Beyond 48 Hours — Requirement to Bring Arrested Person Before Court
Article 23(4)(b) of the Constitution requires that a person arrested or detained upon reasonable suspicion of having committed 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 arrest. Detention beyond 48 hours without being brought before a court violates the constitutional right to personal liberty.
Constitutional Law — Right to Personal Liberty — Place of Detention — Requirement That Detention Be in Gazetted Place
Article 23(2) of the Constitution provides that a person arrested or detained shall be kept in a place authorized by law. Detention in an ungazetted place such as the Joint Anti-Terrorism Task Force (JATT) offices violates the constitutional right to personal liberty.
Human Rights — Remedies — Quantum of Damages — Assessment for Torture and Unlawful Detention
In assessing damages for violation of the right to freedom from torture, relevant factors include the nature and extent of the torture, the gravity and effect of the torture, and the fact that freedom from torture is non-derogable. For violation of the right to personal liberty, relevant factors include the duration of illegal detention and the conditions of detention. The practice of the Uganda Human Rights Commission is to award UGX 2,000,000 for every seven days of unlawful confinement.

Legislation cited (15)

Cases cited (7)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • FRED KAINAMURA AND OTHERS vs ATTORNEY GENERAL AND OTHERS 1994 V KALR 91
  • George Assimwe v Attorney General (HCCS No. 481 of 1997)
  • EDEKU vs ATTORNEY GENERAL, (1995)XL KALR 24
  • Fred Tumuramye v Gerald Bwete and Others (UHRC Complaint No. 264 of 1999)
  • Mastimo Silagi and Mapnurika Peter v Attorney General (Consolidated Civil Suit Nos. 383 and 429 of 2002)
  • AGABA BERNARD VS. ATTORNEY GENERAL UHRR (2008-2011)

Full judgment

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

Sebandeke Siraje Abudallah v Uganda 2017 UGHRC 51 (13 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.