Wakilii

Tukamusherura James v Attorney General [2016] UGHRC 64

Tribunal · 2016 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint brought before the Uganda Human Rights Commission seeking compensation for death in custody
Decision
Complaint allowed with compensation awarded to the family of the deceased

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Human Rights Commission held that prison warders of Kanungu Prison unlawfully caused the death of Mwebesa Yokana when they took prisoners to work on a rainy day and a pit collapsed, killing him. The death violated his constitutional right to life under Article 22(1). The Respondent was vicariously liable for the actions of its agents. The deceased's family was entitled to compensation of UGX 30,000,000 for the violation of the right to life.

Outcome

Complaint allowed with compensation awarded to the family of the deceased

Facts

On November 7, 2007, Mwebaze Yokana, a prisoner serving his sentence at Kanungu Government Prison, died when prison warders took prisoners to work on a rainy day. While digging a pit, the walls collapsed, covering two prisoners with soil. Mwebaze Yokana suffocated to death. The deceased was 20 years old, a total orphan who left behind two younger brothers aged 16 and 14 years. Prison officials provided no support for burial arrangements. The body was delivered to the complainant's doorstep. A medical certificate confirmed the cause of death as asphyxiation. The Officer-in-Charge of Kanungu Prison, Wardress Ruth Kaahwa, confirmed in her statement that the pit collapsed on the prisoners while they were working, causing them to suffocate.

Issues

  1. Whether the Respondent's servants/agents violated Mwebesa Yokana's right to life.
  2. Whether Mwebesa Yokana's family is entitled to compensation.

Orders

  • The complaint is allowed.
  • The Respondent is ordered to pay the Complainant a sum of UGX 30,000,000 (Thirty Million Shillings).
  • The Respondent shall pay costs of these proceedings to the Complainant.

Rules and key headnotes

Right to Life — Death in Custody — State Responsibility
Where a person dies in the custody of state agents, the burden shifts to the state to give a plausible explanation of the circumstances of death, failing which the state is liable for unlawful deprivation of life.
Right to Life — Vicarious Liability — Prison Warders
The state is vicariously liable for the unlawful actions of prison warders acting in the course of their employment, including deaths caused by negligent supervision of prison labour.
Right to Life — Article 22(1) — Unlawful Deprivation
Taking prisoners to work in dangerous conditions on a rainy day where a foreseeable incident such as a pit collapse occurs constitutes unlawful deprivation of life in violation of Article 22(1) of the Constitution.
Compensation for Violation of Right to Life — Assessment
In assessing compensation for violation of the right to life, the tribunal considers that the right to life is the most paramount right without which all other rights cannot be enjoyed, and that death is irreversible, commanding maximum protection of every individual's interest in remaining alive.

Legislation cited (5)

Cases cited (1)

  • Akdeniz and Others v Turkey (2001) ECHR 349

Full judgment

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

Tukamusherura James v Attorney General 2016 UGHRC 64 (22 September 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.