Okello Francis Ongom v Attorney General (Complaint UHRC 109 of 2009) [2023] UGHRC 2 (7 December 2023)


THE REPUBLIC OF UGANDA

THE UGANDA HUMAN RIGHTS COMMISSION TRIBUNAL HOLDEN AT GULU

COMPLAINT NO: GLU/109/2009

OKELLO FRANCIS ONGOM:::::::::::::::::::::::::::::::::::

-AND-

ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::

CORAM:

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- 1. HON. MARIAM WANGADYA - 2. HON. COL (RTD) STEPHEN BASALIZA - 3. HON. LAMEX OMARA APITTA - 4. HON. SHIFRAH LUKWAGO

DECISION

The Complainant, RA194503 Private Okello Francis Ongom, alleged that on 11^th November, 2006, while attached to 105 Battalion based in Nisutu Sudan, six (6) UPDF soldiers of the same battalion beat him using sticks. He was beaten on orders of 2^nd Lt. Otim Bosco who was by then an Intelligence Officer on the allegations of avoiding official deployment.

He was beaten on the chest, buttocks and elbows until he vomited blood. That a result of the beatings, he suffered paralysis of the right hand.

The Complainant contended that the actions in issue amounted to a violation of his right to protection from torture, cruel, inhuman and degrading treatment or punishment. The Respondent through his representative; Ms. Areebwe Allyna and Mr. Shaffi Amuru denied liability.

The only issue for determination before this tribunal is whether the complainant merits a remedy.

It is important to note that at first hearing, learned Counsel for the Respondent, Mr. Shaffi Amuru admitted liability. The basis of this admission was that the Respondent's agent, Lt. Otim, had made an agreement with the Complainant to compensate him for the injuries he had sustained as a result of the beatings amounting to U. Shs. 1,000,000/ $=$ (One million shillings). Indeed Lt. Otim Bosco paid the Complainant U. Shs. 200,000/= (Two Hundred Thousand Shillings only) but defaulted to pay the balance of U. Shs.800,000/ $=$ (Eight Hundred Thousand Shillings).

Learned Counsel for the Respondent, Mr. Shaffi Amuru committed to follow up on this payment but all was in vain as Lt. Otim Bosco failed to pay the balance of the money agreed upon. The matter thereafter reverted back for hearing on its merit by the tribunal. Learned Counsel for the Respondent Mr. Shaffi Amuru requested to be allowed to file written submissions but the same were never filed,

Article $53(2)$ (b and c) of the 1995 Constitution of the Republic of Uganda, provides that the Uganda Human Rights Commission may, if satisfied that there has been an infringement of a human right, order for

Compensation to be paid to the victim or order any other remedy or redress. The Complainant therefore deserves compensation.

The Respondent's agent admitted liability and reached an agreement to compensate the Complainant and also paid some money to the complainant to the tune of U. Shs. 200,000= $\pm$ .

In assessing damages, this tribunal takes into consideration the fact that the Complainant, while on operations in Nisitu South Sudan, escaped from the major force hence committing an operational offence. The actions of Lt. Otim Bosco were cruel although he was remorseful and partially compensated the Complainant.

This tribunal however notes that the paralysis in the Complainant's hand had been occasioned much earlier by a gunshot wound he suffered while in an LRA rebel camp. It was not a result of the beating he suffered at the hands of Lt. Otim.

The tribunal accordingly awards the Complainant a sum of U. Shs. $4,000,000/$ = (Four Million Shillings only) as general damages for violation of his right to freedom from torture, cruel, inhuman and degrading treatment.

We therefore make the following orders:

- 1. The complaint is allowed. - 2. The respondent is ordered to pay to the complainant a total sum of U. Shs 4,000,000= (Four Million Shillings only) as general damages for violation of his right to freedom from torture or cruel, inhuman and degrading treatment or punishment. - 3. The general damages shall attract interest at Court rate from the date of this decision until payment in full. - 4. Each party to bear their own costs.

Either party not satisfied with the decision of the tribunal may appeal to the High Court of Uganda within 30 days from the date of delivery of this decision.

DATED AT GULU ON THIS....................................

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HON. MARIAM WANGADYA CHAIRPERSON

HON. COL (RTD) STEPHEN BASALIZA MEMBER

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HON. OMARA APITTA LAMEX MEMBER

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