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Tibakuno Nathan James v Attorney General (Complaint UHRC 131 of 2007) [2019] UGHRC 2 (11 March 2019)
- Citation
- [2019] UGHRC 2
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Uganda Human Rights Commission
- Panel
- Dr. Katebalirwe Amooti Wa Irumba - Commissioner
- Case number
- Complaint UHRC 131 of 2007
- Language
- English
More details
- Court
- Uganda Human Rights Commission
- Panel
- Dr. Katebalirwe Amooti Wa Irumba - Commissioner
- Case number
- Complaint UHRC 131 of 2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the applicant was detained for seven days, which exceeded the 48-hour limit prescribed by the Constitution for lawful detention without court appearance. The respondent did not contest the facts and agreed to settle the matter, effectively admitting liability. The Tribunal therefore concluded that the applicant's right to personal liberty was violated by state agents, and the respondent is liable for the violation. Compensation was awarded as agreed by the parties, reflecting the period of unlawful detention and the need to uphold constitutional protections against arbitrary detention.
Court disposition
complaint allowed
Orders
- The complaint is wholly allowed.
- The respondent (Attorney General) is ordered to pay the applicant, Tibakuno Nathan James, UGX 1,500,000 as general damages for violation of his right to personal liberty.
- Interest at the rate of 10% per annum is to be paid on the total sum of UGX 1,500,000 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 dissatisfied.
02
Material facts
Parties
Tibakuno Nathan James
ApplicantAttorney General
Respondent Counsel: Kabundu Eva, Kiyingi Josephine, Cheptoris SylviaAmounts and remedies
- General Damages Awarded: UGX 1,500,000
- Interest Rate Per Annum: UGX 10
03
Procedural history
Posture
Human Rights Complaint / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the applicant's right to personal liberty was violated by state agents.
- 02
Whether the respondent is liable for the violation.
- 03
Whether the applicant is entitled to any remedy.
Party arguments
- Applicant
- The applicant alleged that he was unlawfully detained by police officers for a period exceeding the constitutionally permitted 48 hours, specifically from 7th December 2007 to 13th December 2007, and sought compensation for violation of his right to personal liberty.
- Respondent
- The respondent, through counsel, did not dispute the applicant's allegations and agreed to an amicable settlement, including the proposed compensation amount, as confirmed by the Solicitor General.
05
Court’s reasoning
Legal principles
- 01
Article 23(4)(b) of the Constitution of Uganda
A suspect must be brought before a court of law within 48 hours of arrest or be released on bond.
- 02
Article 23 of the Constitution of Uganda
Detention beyond the constitutionally prescribed period without court appearance constitutes a violation of the right to personal liberty.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the applicant was detained for seven days, which exceeded the 48-hour limit prescribed by the Constitution for lawful detention without court appearance. The respondent did not contest the facts and agreed to settle the matter, effectively admitting liability. The Tribunal therefore concluded that the applicant's right to personal liberty was violated by state agents, and the respondent is liable for the violation. Compensation was awarded as agreed by the parties, reflecting the period of unlawful detention and the need to uphold constitutional protections against arbitrary detention.
Obiter and limits
- Amicable settlement of human rights complaints can save public resources and expedite justice.
- Admission of liability by the respondent obviates the need for protracted litigation.
Court disposition
complaint allowed
- The complaint is wholly allowed.
- The respondent (Attorney General) is ordered to pay the applicant, Tibakuno Nathan James, UGX 1,500,000 as general damages for violation of his right to personal liberty.
- Interest at the rate of 10% per annum is to be paid on the total sum of UGX 1,500,000 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 dissatisfied.
Source and reliance status
Uganda Human Rights Commission
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Uganda Human Rights Commission
Judgment
THE REPUBLIC OF UGANDA
THE UGANDA HUMAN RIGHTS COMMISSION (UHRC) TRIBUNAL
HOLDEN AT JINJA
COMPLAINT NO: UHRC/JJA/131/2007
TIBAKUNO NATHAN JAMES::::::::::::::::::::::::::::::::::::
And
ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::
BEFORE HON. COMMISSIONER DR. KATEBALIRWE AMOOTI WA IRUMBA
DECISION
The Complainant (C), Tibakuno Nathan James alleged that on 7<sup>th</sup> December, 2007 at around 10:30 a.m., he was arrested by police officers from Kagoma Police Post on the allegation of theft and malicious damage to property and taken to Jinja Central Police Station (CPS) where he was detained until 13<sup>th</sup> December 2007 at 3.00 p.m. when he was taken to Court.
$\mathbf{1}$
C therefore prayed to the Tribunal to order for compensation to him by the Respondent (R) for the alleged violation of his right to personal liberty.
Issues:
The issues that were to be determined by the Tribunal are:
- Whether C's right to personal liberty was violated by State agents. $1.$ - $\overline{2}$ . Whether R is liable for the violation. - $3.$ Whether C is entitled to any remedy.
During the first hearing of this matter on 19<sup>th</sup> February 2013, Counsel for the Commission (CC) informed the Tribunal that the Commission had obtained a certified copy of the Lock-up register from Jinia Central Police Station (CPS) which indicated that C had been detained at that Police Station from 7<sup>th</sup> December, 2007 up to 13<sup>th</sup> December, 2007 when he was taken to court thus, making a total of 7 days in detention. This amounts to 5 days of illegal detention, taking into account the 48 hours or the equivalent two days allowed by the Constitution of Uganda for legal detention of suspects before they can be released on police bond or taken to court.
Considering this evidence, I urged both parties to settle this matter amicably in order to avoid wastage of public funds on hearing it. Counsel for the Respondent (RC) Kabundu Eva and C accepted my advice, and C proposed to be paid UGX. 1,500,000/= (one million, five hundred thousand shillings only) as adequate compensation for the violation of his right to personal liberty five days.
In addition, on 17<sup>th</sup> April 2014, RC Kiyingi Josephine who was then handling this matter, informed the Tribunal that having looked at the complaint file, she also confirmed that the matter was suitable for amicable settlement. She therefore took it upon herself to settle it within one month.
Furthermore, on 4<sup>th</sup> November, 2016 RC Cheptoris Sylvia informed the Tribunal that RC Josephine Kiyingi who was in personal conduct of this matter had informed her that the Solicitor General had approved the proposal for settlement of this matter. On 7<sup>th</sup> May, 2018, the said former RC reiterated the same information to confirming the Tribunal that this matter had been approved for settlement. She therefore prayed to be allowed two weeks to conclude the settlement.
Since R had agreed to settle this matter amicably and even negotiated with C and the two parties had agreed on the aforementioned amount of money for compensation, I take it that R never disputed C's allegations in this matter but rather, admitted them. There is therefore no need for me to waste the valuable Tribunal time on further litigation in this matter. Accordingly, I accept and allow the results of the negotiations carried out by the two parties.
Therefore, I award to C the sum of $UGX.1,500,000/$ = (One million, five hundred thousand shillings only) as general damages in compensation for the violation of his right to personal liberty.
I therefore order as follows:
ORDERS:
- $\mathbf{1}$ . The complaint is wholly allowed. - R (Attorney General) is ordered to pay to C, Tibakuno Nathan James a total sum of $2.$ $UGX.1,500,000/$ = (One million, five hundred thousand shillings only) as general damages in compensation for the violation of his right to personal liberty. - Interest at the rate of 10% per annum to be paid on the total sum of UGX. 1,500,000/= $3.$ (One million, five hundred thousand shillings only) calculated from the date of this decision until payment in full. - Each party to bear their own costs.
4.
Either party may appeal to the High Court of Uganda within thirty (30) days from the $5.$ date of this decision if not satisfied with the decision of this Tribunal.
So it is ordered.
LITH<br>DAY OF MARCH, 2019 DATED AT JINJA ON THIS.......
SIGNED BY:
$\overline{4}$
DR. KATEBALIRWE AMOOTI WA IRUMBA PRESIDING COMMISSIONER
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