Wakilii

Twesigye Moses v Attorney General [2019] UGHRC 62

Tribunal · 2019 Complaint Partly 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 violation of property rights by police officers
Decision
Complaint partially allowed. Complainant awarded UGX 9,000,000 in general damages for torture. Property rights claim dismissed.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that police officers violated the complainant's right to freedom from torture when they beat him with gun butts during arrest, causing severe physical injuries including eye hemorrhage and head trauma. The assault satisfied all four elements of the CAT definition of torture. The Attorney General was held vicariously liable. The claim for violation of property rights failed for lack of proof. The complainant was awarded UGX 9,000,000 in general damages.

Outcome

Complaint partially allowed. Complainant awarded UGX 9,000,000 in general damages for torture. Property rights claim dismissed.

Facts

On 26 October 2004, the complainant was driving a tractor for Ntungamo Town Council when stopped by the Officer in Charge Traffic, Mwebembezi. On 29 November 2004, two armed police officers, Nabong and Tutta, arrested the complainant at Ntungamo Market. When he asked why he was being arrested, they beat him with gun butts, causing bleeding and injuries to his head and right eye. An Enforcement Officer, Yiga Mohammed, intervened and took the complainant to the police station. The prosecutor released him immediately, finding no case to answer. Medical examination revealed sub-conjunctival hemorrhage in the right eye, swelling and bruises on the head, and injuries classified as dangerous harm. The complainant received treatment at Universal Clinic, Itojo Hospital, and Ruharo Eye Clinic. Disciplinary action was taken against AIP Mwebembezi Godfrey, who was convicted for discreditable conduct. The complainant also claimed loss of a Nokia phone, watch, and hat during the beating, but provided no receipts or corroborating evidence.

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 complainant's right to personal property was violated by State agents.
  3. Whether the respondent is liable for the violations.
  4. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is partially allowed.
  • The respondent (Attorney General) is ordered to pay the complainant UGX 9,000,000 as general damages in compensation for the violation of his right of freedom from torture or cruel, inhuman or degrading treatment or punishment.
  • Interest at the rate of 10% per annum to be paid on the sum of UGX 9,000,000 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 — Definition and Elements — Application of CAT Definition
In determining whether torture occurred before the Prohibition and Prevention of Torture Act 2012 came into force, the definition under Article 1 of the Convention Against Torture applies. Torture requires proof of four elements: (1) severe pain or suffering, physical or mental; (2) intentional infliction; (3) purpose to obtain information, punish, intimidate, coerce, or discriminate; and (4) action by or with consent of a public official acting in official capacity.
Torture — Police Assault During Arrest — Beating with Gun Butts
Where armed police officers in uniform beat a suspect with gun butts during arrest, causing sub-conjunctival hemorrhage, head swelling, and bruises classified as dangerous harm, and the assault was intentional and carried out to punish resistance to arrest, all four elements of torture are satisfied and the right to freedom from torture is violated.
Vicarious Liability — State Liability for Acts of Police Officers
Once it is proved that a servant was an employee of the master and was in the course of employment, there is a presumption that the master is liable. The master is vicariously liable even if the servant acted contrary to orders, deliberately, wantonly, criminally, negligently, or for personal benefit, as long as the servant was carrying out duties for which employed. The Attorney General is vicariously liable for violations of human rights by police officers acting in their official capacity.
Burden of Proof — Failure to Rebut Complainant's Evidence
Where contentious issues are raised and argued before a tribunal and are not rebutted by any evidence adduced by the respondent to successfully discredit and disprove the complainant's evidence, such issues are deemed to have been admitted by the respondent.
Property Rights — Burden of Proof — Loss During Police Assault
A claim for violation of the right to property requires proof of possession, ownership, and that the property was taken by the alleged violator. Where a complainant alleges loss of personal property during a police beating but produces no receipts, no witness who saw the property being taken, and no evidence establishing that police took the property, the claim fails even on the balance of probabilities.
General Damages for Torture — Assessment Factors — Delay and Inflation
In assessing general damages for torture, the tribunal may consider the complainant's settlement proposal, the time lag between the violation and the decision, and the depreciation in the value of money over that period. Where a complainant proposed UGX 7,000,000 for settlement and 14 years elapsed since the violation, an award of UGX 9,000,000 is appropriate to account for delay and inflation.

Legislation cited (15)

Cases cited (6)

  • Edeku v Attorney General (1995) VI KALR 24
  • Iwina v Arua Town Council (1997) HCB 28
  • Muwonge v Attorney General (1967) EA 17
  • Jones v Boots Co Ltd (1997) All ER 40B
  • Komakech Patrick v Attorney General (HCT-02-CV-040-2004)
  • Jones v Tower Boots Co Ltd (1997) All ER 40B

Full judgment

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Twesigye Moses v Attorney General 2019 UGHRC 62 (18 February 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.