Wakilii

Semujju Zubari v Attorney General [2017] UGHRC 61

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 while in police custody
Decision
Complaint allowed; complainant awarded compensation for violation of right to freedom from torture

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's right to freedom from torture or cruel, inhuman or degrading treatment was violated when police officers detained him for three days at Mukono Police Station at the instigation of a bank manager, during which he was beaten by inmates with police acquiescence, causing severe physical injuries including paralysis of his arm. The Attorney General was held vicariously liable for the acts of police officers. The complainant was awarded UGX 8,000,000 in general damages plus interest.

Outcome

Complaint allowed; complainant awarded compensation for violation of right to freedom from torture

Facts

In July 2007, officials from FAULU, a money lending institution, arrested the complainant and another client for defaulting on loan payments. They were taken to Mukono Police Station where the complainant was detained for three days in a police cell. During detention, he was beaten by four inmates who kicked and struck him with sticks, particularly targeting his genitals, joints, and previously fractured arm. A police officer dismissed his complaints, saying he was undergoing training. The complainant paid UGX 50,000 for his release. Upon release, he was limping, in severe pain, and unable to walk properly. Medical examination revealed abrasions, paralysis of the left arm, swollen testicles, and multiple soft tissue injuries classified as harm. He required ongoing physiotherapy and treatment over several years. The complainant claimed he became impotent and one wife left him as a result.

Issues

  1. Whether the complainant's right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by State agents.
  2. Whether the Attorney General is vicariously liable for the violation.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is wholly allowed.
  • The Attorney General is ordered to pay to the complainant Semujju Zubari a total of UGX 8,000,000 (Uganda Shillings eight million only) for the violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Interest at the current court rate to be paid on the total sum of UGX 8,000,000 calculated from the date of this decision until payment in full.
  • Each party to bear their own costs.
  • Either party may appeal to the High Court of Uganda within thirty (30) days from the date of this decision if not satisfied with the decision of this Tribunal.

Rules and key headnotes

Torture and Cruel Treatment — Definition and Elements — Four Ingredients of Torture
For conduct to constitute torture under Article 1 of the Convention Against Torture, four ingredients must be proved: (i) the alleged actions caused the victim severe pain or suffering, whether physical or mental; (ii) such pain and suffering was intentionally inflicted; (iii) the purpose was to obtain information or a confession or for punishment, intimidation, coercion or discrimination; and (iv) the actions were carried out by, or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in official capacity.
Torture and Cruel Treatment — Medical Evidence — Not a Legal Requirement
It is not a requirement of law that every allegation of assault must be proved by medical evidence. Medical evidence helps to prove the gravity of assault but is not essential to establish that torture or cruel treatment occurred.
Torture and Cruel Treatment — Burden of Proof — Injury in Custody
Where an individual is arrested in good health and taken into custody but is later found with injuries or found dead while in custody, it is incumbent upon the particular security agency concerned to provide a plausible explanation as to the cause of the injury or death, failing which the relevant security agency must be held responsible.
Vicarious Liability — Attorney General — Police Officers
The Attorney General is vicariously liable for acts of police officers committed within the course of their employment. A master is liable for the acts of his servant whether the acts 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.
Torture and Cruel Treatment — Police Acquiescence — Failure to Protect Detainee
Where a detainee is beaten by inmates in a police cell and reports the assault to a police officer who dismisses the complaint and fails to take protective action, the police officer's conduct constitutes acquiescence in the illegal actions of the inmates, thereby engaging State responsibility for the violation.
Contradictions in Evidence — Minor Discrepancies — Effect on Credibility
Where there are contradictions in the evidence of a witness, the defining factor in law is whether they were such major contradictions as to indicate that the witness deliberately told lies to court. Minor discrepancies, such as inconsistencies in dates when a witness testifies years after the traumatic incident, do not fatally affect the credibility of the evidence.
Burden of Proof — Failure to Rebut Evidence — Deemed Admission
Whenever contentious issues are raised and argued before courts or tribunals and they are not rebutted by evidence adduced by the defence or respondent's side to successfully discredit and disprove the plaintiff's or complainant's evidence, then such issues are deemed to have been admitted by the defendant or respondent.

Legislation cited (10)

Cases cited (13)

  • Shaktali Abdull v Sadrudin Merali (Civil Appeal No. 32 of 1994)
  • Fred Kainamura & Ors Vs Attorney General & Ors 1994 KALR 92
  • Edcku vs Attorney General (1995) VI KALR 24
  • Akdemiz and Others Vs. Turkey (23954/94) (2001) ECHR 349 (31st May 2001)
  • Akisoy Vs. Turkey, (1995) 21 EA 573
  • Velikova Vs. Bulgaria, Application No. 41488/98 ECHR
  • Muwonge V Attorney General (1967) E.A 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 & Another-v- Attorney General 109/1994 V KALR
  • Omola Moses v Attorney General (UHRC Complaint No. UHRC/SRT/206/2005)
  • Olupot Stephen v Attorney General (UHRC Complaint No. UHRC/591/2003)

Full judgment

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

Semujju Zubari v Attorney General 2017 UGHRC 61 (24 February 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.