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Tugumisirize Benon v Uganda [2019] UGHRC 37

Tribunal · 2019 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging unlawful detention
Decision
Complaint allowed; complainant awarded damages and interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that detaining the complainant for 13 days on suspicion of murder violated his constitutional right to personal liberty under Article 23(4)(b), which requires that an arrested person be brought to court within 48 hours. The detention exceeded the constitutional limit by 11 days. The Attorney General was found vicariously liable for the acts of police officers. The complainant was awarded UGX 3,000,000 as general damages.

Outcome

Complaint allowed; complainant awarded damages and interest

Facts

On 7 July 2014 at approximately 3:00 pm, Tugumisirize Benon was arrested at Kisuura Trading Centre by one Binaisa on allegations of murder. He was taken to Bwikara Police Post where he was detained for one night. The following day, 8 July 2014, he was transferred to Kagadi Police Station where he was detained until 21 July 2014 when he was granted police bond. The certified copy of the lock-up register from Kagadi Police Station showed he was detained from 8 March 2014 to 21 March 2014, a period of 13 days, on allegations of murder. He was not brought to court within 48 hours as required by the Constitution.

Issues

  1. Whether the Complainant's right to personal liberty was violated by the Respondent's agents?
  2. Whether the Respondent is vicariously liable?
  3. Whether there are any remedies available to the Complainant?

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay to the Complainant Tugumisirize Benon a sum of UGX 3,000,000 (Uganda Shillings three million only) as general damages for the violation of his right to personal liberty as protected under Article 23(4)(b) of the Constitution.
  • The said sum shall carry interest at 10% per annum calculated from the date of the decision until payment in full.
  • Either party not satisfied with this decision has the right to appeal to the High Court of Uganda within 30 days from the date hereof.

Rules and key headnotes

Right to Personal Liberty — 48-Hour Rule — Detention Beyond Constitutional Limit
Article 23(4)(b) of the Constitution requires that a person arrested or detained on suspicion of having committed or being about to commit an offence must, 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. Any deprivation of personal liberty outside the prescribed instances under Article 23(4) results in a violation of the right to personal liberty.
Vicarious Liability — State Liability for Acts of Police Officers
The Attorney General is vicariously liable for the acts and omissions of police officers committed in the course of their employment, including unlawful arrest and detention.
General Damages — Unlawful Detention — Assessment
A complainant who has been unlawfully detained in violation of the constitutional right to personal liberty is entitled to general damages. The quantum is assessed based on the duration and circumstances of the unlawful detention.

Legislation cited (4)

Cases cited (5)

  • Omonyi Rogers v Attorney General & Uganda Revenue Authority (HCCS No. 27 of 2002)
  • Badru Kule v Attorney General (UHRC Complaint No. 219 of 2003)
  • James Okello & Cissy Okello v Attorney General (UHRC Complaint No. 49 of 2003)
  • Nsereko v Attorney General (UHRC Complaint No. 112 of 1999)
  • Murumba Thedius v Attorney General (UHRC Complaint No. 258 of 2003)

Full judgment

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

Tugumisirize Benon v Uganda 2019 UGHRC 37 (28 October 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.