Wakilii

Silvio Onenchan Manano v Uganda [2018] UGHRC 42

Tribunal · 2018 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 state agents
Decision
Complaint allowed; respondent ordered to pay compensation with interest

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 cruel, inhuman or degrading treatment was violated by state agents. Police officers at Kiira Road Police Station and Kireka Rapid Response Unit intentionally inflicted severe physical and mental pain on the complainant to extract information about an alleged stolen television. The Attorney General was held vicariously liable for the acts of state agents acting in the course of their employment. The complainant was awarded UGX 6,000,000 comprising general damages and exemplary damages.

Outcome

Complaint allowed; respondent ordered to pay compensation with interest

Facts

On 11 March 2011, the complainant went to Kiira Road Police Station to follow up on a case against his landlord. He was arrested and detained by a CID officer named Obote who accused him of stealing a television. The complainant was handcuffed, placed in a vehicle, blindfolded, and driven to a house at Kireka. There, three men beat him with metallic batons on his ribs and shoulders, inserted syringes under his fingernails connected to power sockets, and used pliers to twist his left small finger. The complainant sustained injuries including bruises, wounds, bone displacement in his right shoulder, and urinated blood. He was later released on bond and sought medical treatment at JB Clinic Kyebando and subsequently at the African Centre for Treatment and Rehabilitation of Torture Victims. Medical examination revealed soft tissue injuries rated at 15% permanent disability. The complainant lodged a complaint with the Uganda Human Rights Commission seeking compensation for violation of his right to freedom from torture.

Issues

  1. Whether the complainant's right of freedom from torture or cruel, inhuman or degrading treatment or punishment was violated by state agents.
  2. Whether the respondent is liable for the violation.
  3. Whether the complainant is entitled to any remedies.

Orders

  • The complaint is allowed.
  • The respondent (Attorney General) is ordered to pay the complainant a total sum of UGX 6,000,000 broken down as: (a) General damages for violation of right to freedom from cruel, inhuman or degrading treatment: UGX 4,000,000; (b) Exemplary damages for unprofessional, oppressive and violent conduct of Uganda Police Force officers: UGX 2,000,000.
  • Interest at court rate to be paid on the total sum of UGX 6,000,000 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 delivery of this decision.

Rules and key headnotes

Torture — Definition and Elements — Intentional Infliction of Severe Pain by State Agents
Torture under the UN Convention Against Torture requires four elements: (1) severe physical or mental pain or suffering was inflicted; (2) the pain was intentionally inflicted; (3) the pain was inflicted to obtain information, confession, punishment, intimidation or coercion; and (4) the pain was inflicted by or with the consent or acquiescence of a public official or person acting in official capacity.
Oral Evidence — Direct Evidence — Corroboration by Eye Witnesses
Under Section 59(a) of the Evidence Act, oral evidence must be direct: if it refers to a fact which could be seen, it must be the evidence of a witness who says he or she saw it. Eye witness testimony that corroborates the complainant's account of torture is reliable evidence of the violation.
Credibility of Witnesses — Inconsistencies — Effect on Testimony
Where grave inconsistencies occur in evidence, the evidence may be rejected unless satisfactorily explained, while minor inconsistencies may have no adverse effect on the testimony unless they point to deliberate untruthfulness. A witness may be untruthful in certain aspects of evidence but truthful in the main substance, and may be believed in those parts where truthful.
Vicarious Liability — Course of Employment — State Agents
The master is liable whether the act is authorized or an unauthorized act done in a wrongful manner. 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. Once it is proved that the servant was an employee of the master, there is a presumption that he was in the course of employment, and the burden lies on the master to prove to the contrary.
Remedies — Compensation for Torture — Assessment of Quantum
The Uganda Human Rights Commission is mandated under Article 53(2)(b) and (c) of the Constitution to order payment of compensation or any other legal remedy if satisfied that there has been an infringement of a human right. Compensation should be adequate, effective and prompt, with the intention to restore victims as much as possible to the position they were in before being victimized. Courts ought to assess damages taking into account the current value of money in terms of what goods and services it can purchase at present.
Exemplary Damages — Unprofessional and Oppressive Conduct by State Agents
Exemplary damages may be awarded in addition to general damages where state agents have acted with recklessness, inhumanity, impunity, unprofessional conduct, oppression and violence in violating a complainant's rights.

Legislation cited (8)

Cases cited (8)

  • Uganda v Abdallah Nassur [1982] HCB
  • Uganda v ASP Aurien James Peter (Criminal Case No. 012 of 2010)
  • Ireland v United Kingdom (1978) 2 EHRR
  • Lister v Hesley Hall Ltd [2001] UKHL 22
  • John v Tower Boots Co Ltd [1997] 2 All ER 407
  • Iwina v Arua Town Council [1977] HCB 28
  • Toyeronga Charles Wisky v Attorney General (Complaint No. UHRC/G/6/2006)
  • Matiya Byabalema and Others v Uganda Transport Company (SCCA 10/93)

Full judgment

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

Silvio Onenchan Manano v Uganda 2018 UGHRC 42 (4 April 2018)
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.