Wakilii

Turyamureeba Patrick v Attorney General [2017] UGHRC 62

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 alleging torture by military officers during training
Decision
Complaint allowed with compensation awarded to complainant for torture and cruel, inhuman and degrading treatment by military officers

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 protection from torture and cruel, inhuman and degrading treatment was violated when military training officers beat him severely based on his regional origin, causing serious physical injuries including prolapsed rectum and loss of bladder control. The Respondent was vicariously liable for the acts of its officers. The complainant proved his case on a balance of probabilities through his testimony and medical evidence, which the Respondent failed to controvert by offering no defence.

Outcome

Complaint allowed with compensation awarded to complainant for torture and cruel, inhuman and degrading treatment by military officers

Facts

In May 2009, the complainant, a trainee soldier at Kaweweta Training School, was called by instructor Private Atinyi Oscar along with other trainees from western Uganda. They were taken to Katebere dam approximately 2km away. Atinyi and other officers beat the complainant and fellow western Ugandan trainees indiscriminately using batons throughout the night. The complainant was beaten around the stomach causing his intestines to prolapse and loss of bladder control. He was taken to Bombo Hospital on 1 June 2009, kept on painkillers until 25 September 2009 when he underwent surgery. He was given a pass-out number on 30 December 2009 while still hospitalized and sent on 30 days sick leave. His condition worsened at home and he sought further treatment at Good-Will Imaging Centre in Lyantonde from February to August 2010. Medical examination confirmed prolapsed rectum that was foul-smelling and septic. The Respondent denied liability but offered no defence evidence or submissions.

Issues

  1. Whether the Complainant's right to protection against torture or cruel, inhuman or degrading treatment or punishment was violated by the Respondent's agents.
  2. Whether the Complainant is entitled to compensation for the violation of his rights.

Orders

  • Complaint allowed.
  • Respondent ordered to pay the Complainant UGX 32,000,000 comprising: UGX 20,000,000 as general damages for violation of right to protection from torture, cruel, inhuman and degrading treatment; UGX 10,000,000 for further medical treatment; UGX 2,000,000 as exemplary damages.
  • Interest of 12% per annum on the award to run from the date of decision until payment in full.
  • Parties informed of right to appeal to the High Court of Uganda within 30 days.

Rules and key headnotes

Torture — Definition and Elements — Convention Against Torture
Torture is defined as an act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person for purposes such as obtaining information or confession, punishment, intimidation, coercion or for any reason based on discrimination, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or person acting in official capacity.
Torture — Elements — Discrimination as Basis
Where a person is beaten by state officers because of their regional origin, this satisfies the element of torture where one is tortured for any reason based on discrimination.
Vicarious Liability — State Liability for Acts of Officers
The State is vicariously liable for acts of torture committed by its officers acting in the course of their employment, including military training instructors who torture trainees.
Burden of Proof — Failure to Defend
Where a complainant closes their case and the respondent offers no defence, the complainant's evidence is not controverted and must be accepted as the truth.
Damages — Exemplary Damages — Torture by State Agents
Exemplary damages are awarded over and above compensatory damages where aggravating circumstances exist such that the plaintiff is a victim of arbitrary, oppressive and unconstitutional behaviour at the hands of government officials, and serve as a warning and deterrent measure.

Legislation cited (6)

Cases cited (3)

  • Fred Tumuramye v Gerald Bwete and Others (UHRC Complaint No. 264 of 1999)
  • George Asiimwe v Attorney General (HCCS No. 48 of 1997)
  • Ongom and Another v Attorney General [1979] HCB 267

Full judgment

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

Turyamureeba Patrick v Attorney General 2017 UGHRC 62 (30 October 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.