Wakilii

Waako and Another v Attorney General [2016] UGHRC 25

Tribunal · 2016 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 seeking compensation for torture by police officers
Decision
Complaint allowed; complainants awarded general damages for torture by state agents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainants' right to freedom from torture or cruel, inhuman or degrading treatment was violated when a police officer beat them with a wire cable for approximately three hours while interrogating them about alleged theft. Medical documentary evidence is not a legal requirement to prove torture where cogent oral evidence exists. The Attorney General is vicariously liable for torts committed by state agents acting in the course of their employment, even where such acts are wrongful or unauthorized. Each complainant was awarded UGX 3,000,000 as general damages.

Outcome

Complaint allowed; complainants awarded general damages for torture by state agents

Facts

On 23 March 2007, Waako Tadeo and Mutegeki Godwin were arrested by police and taken to Kagote Police Post on suspicion of stealing UGX 100,000 from Kasaija's house. At the police post, a police officer named Mugisa Pace ordered them to undress to their underpants. He slapped Waako Tadeo on the ear and beat both complainants on different parts of their bodies using a wire cable for approximately three hours to force them to confess the whereabouts of the money. Both were detained in a unipot. Waako Tadeo was released on police bond at around 6:00pm the same day, while Mutegeki Godwin was released the following day at around 10:00am. The complainants sustained injuries including pain, swelling, and in Waako Tadeo's case, reduced hearing and discharge from the left ear.

Issues

  1. Whether the Complainants' right to freedom from torture or cruel, inhuman or degrading treatment or punishment was violated.
  2. Whether the Respondent (Attorney General) is liable for the violations against the complainants' rights.
  3. Whether the complainants are entitled to any remedies.

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay the 1st Complainant Waako Tadeo UGX 3,000,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment by State agents.
  • The Attorney General is ordered to pay the 2nd Complainant Mutegeki Godwin UGX 3,000,000 as general damages for violation of his right to freedom from torture or cruel, inhuman or degrading treatment or punishment by State agents.
  • The said amounts totaling UGX 6,000,000 will each carry interest at court rate from the date of this decision until payment in full.
  • Each party shall bear their own costs.

Rules and key headnotes

Human Rights — Torture — Definition and Elements — Physical Pain Inflicted by Public Official to Obtain Confession
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 a confession, punishing him for an act he is suspected of having committed, or intimidating or coercing him, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or any other person acting in an official capacity.
Human Rights — Torture — Proof — Medical Evidence Not a Legal Requirement
Medical documentary evidence is not a legal requirement to prove torture; cogent oral evidence can suffice to establish that torture occurred and to prove the gravity of the assault.
Constitutional Law — Non-Derogable Rights — Freedom from Torture as Absolute Right
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment enshrined in Article 24 and Article 44(a) of the Constitution is a non-derogable and absolute right that cannot be limited under any circumstances.
Tort Law — Vicarious Liability — Government Liability for Acts of Police Officers
The Government is vicariously liable for torts committed by its servants or agents, including police officers, even if the servant is acting deliberately, wrongfully, negligently or criminally, or for his own benefit, provided the acts were done in the course of carrying out what he was employed to carry out.
Tort Law — Vicarious Liability — Course of Employment — Wrongful and Unauthorized Acts
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; it is immaterial if the acts done by the servant are erroneous, unlawful or done without authority.
Human Rights — Remedies — Compensation for Torture — Factors to Consider
When granting compensation for breach of the right to freedom from torture or cruel, inhuman and degrading treatment, the tribunal must consider: the nature of torture and injuries sustained and their impact on the complainant's life; the fact that this right is absolute under Article 44 of the Constitution; the innocence of the complainant; and where possible, previous awards in cases of a similar nature.

Legislation cited (13)

Cases cited (6)

  • Attorney General v Salvatori Abuki (Constitutional Appeal No. 1 of 1998)
  • Fred Kainamura & Ors Vs Attorney General & Ors 1994 KALR 92
  • Muwonge Vs Attorney General [1967] 1 EA 17(CAK)
  • Jones Vs Tower Boots Co. Ltd 1997 ALLER 40 B
  • Christopher Ssajabi Nsereko v Attorney General (UHRC No. 112 of 1999)
  • Isabirye Kiwule v Attorney General (Complaint UHRC/J/35 of 2003)

Full judgment

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

Waako and Another v Attorney General 2016 UGHRC 25 (30 November 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.