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Uganda Case Law

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Constitutional Law [2024] AfCHPR 30

Jinyamu v United Republic of Tanzania (Application No. 015/2018)

Jinyamu v United Republic of Tanzania (Application No. 015/2018) [2024] AfCHPR 30 (13 November 2024)

The African Court found Tanzania violated rights to life and dignity by imposing a mandatory death sentence and hanging, but rejected the fair trial claim.

  • Right To Life
  • Mandatory Death Penalty
  • Right To Dignity
  • Cruel Inhuman Degrading Treatment
  • Fair Trial Rights
  • Judicial Discretion In Sentencing
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Criminal Law [2024] AfCHPR 8

Damian v United Republic of Tanzania (Application No. 048/2016)

Damian v United Republic of Tanzania (Application No. 048/2016) [2024] AfCHPR 8 (4 June 2024)

The court found that the mandatory imposition of the death penalty under Tanzanian law deprived judicial officers of discretion to consider the nature of the offence and the circumstances of the offender, rendering the penalty arbitrary and in violation of Article 4 of the Charter. The court further held that execution by hanging constitutes cruel, inhuman, and degrading treatment, violating Article 5. The court dismissed allegations of fair trial violations, finding that the applicant was tried within a reasonable time, was afforded effective legal representation, and that the evidence was p…

  • Right To Life
  • Death Penalty
  • Right To Dignity
  • Fair Trial Rights
  • Mandatory Sentencing
  • Cruel Inhuman Degrading Treatment
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Constitutional Law [2023] UGHRC 2

Okello Francis Ongom v Attorney General (Complaint UHRC 109 of 2009)

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

The tribunal found that the complainant was subjected to cruel, inhuman and degrading treatment by UPDF soldiers on the orders of Lt. Otim Bosco. Although partial compensation was paid, the respondent failed to pay the agreed balance. The tribunal considered the complainant's prior injury from a gunshot wound, which was not caused by the beating in question. Nonetheless, the tribunal held that the beating constituted a violation of the complainant's right to freedom from torture and ordered general damages as compensation.

  • Freedom From Torture
  • Cruel Inhuman Degrading Treatment
  • Compensation For Rights Violation
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Constitutional Law [2023] AfCHPR 44

John v United Republic of Tanzania (Application No. 049/2016)

John v United Republic of Tanzania (Application No. 049/2016) [2023] AfCHPR 44 (7 November 2023)

The Court held that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code constitutes an arbitrary deprivation of the right to life, violating Article 4 of the African Charter. The Court reaffirmed its jurisprudence that such mandatory sentencing precludes judicial discretion and consideration of mitigating factors, rendering the penalty arbitrary. Furthermore, the method of execution by hanging is inherently degrading and violates the right to dignity under Article 5 of the Charter. The Court found no violation of the Applicant's fair trial rights under…

  • Right To Life
  • Mandatory Death Penalty
  • Right To Dignity
  • Cruel Inhuman Degrading Treatment
  • Fair Trial Standards
  • Judicial Discretion In Sentencing
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Constitutional Law [2022] UGHRC 3

Siraji Eitu v Captain Taban Ali (Complaint UHRC 118 of 2003)

Siraji Eitu v Captain Taban Ali (Complaint UHRC 118 of 2003) [2022] UGHRC 3 (21 February 2022)

The Tribunal found that Captain Taban Ali unlawfully assaulted Siraji Eitu and violated his right to freedom from torture or cruel, inhuman, or degrading treatment.

  • Freedom From Torture
  • Cruel Inhuman Degrading Treatment
  • Compensation For Human Rights Violation
  • Burden Of Proof
  • Non Derogable Rights
  • Freedom-from-torture
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Constitutional Law [2022] UGHRC 14

Tumuhaise Kyagaba v Attorney General (Complaint No. FPT/62/2011)

Tumuhaise Kyagaba v Attorney General (Complaint No. FPT/62/2011) [2022] UGHRC 14 (19 January 2022)

The Uganda Human Rights Commission found police brutality against Tumuhaise Francis Kyagaba amounted to torture and cruel, inhuman, and degrading treatment.

  • Freedom From Torture
  • Cruel Inhuman Degrading Treatment
  • Vicarious Liability
  • Compensation For Rights Violation
  • Freedom-from-torture
  • Cruel-inhuman-degrading-treatment
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Constitutional Law [2019] UGHRC 11

Luyombya Denis v Attorney General (Complaint UHRC 183 of 2006)

Luyombya Denis v Attorney General (Complaint UHRC 183 of 2006) [2019] UGHRC 11 (13 May 2019)

The Tribunal found that the applicant was shot multiple times by a police officer after surrendering, causing severe pain and suffering. The evidence of the applicant and his two eyewitnesses was consistent and credible regarding the shooting and subsequent treatment. The Tribunal held that these acts constituted torture and cruel, inhuman and degrading treatment under Article 24 of the Constitution and Article 1 of the CAT. The Tribunal further held that the Attorney General was vicariously liable for the acts of the police officer, as they were committed in the course of official duties. Ho…

  • Freedom From Torture
  • Cruel Inhuman Degrading Treatment
  • Vicarious Liability
  • Right To Property
  • Compensation For Human Rights Violations
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Constitutional Law [2018] UGHRC 14

Mugabe Hillary v Attorney General (Complaint UHRC 83 of 2009)

Mugabe Hillary v Attorney General (Complaint UHRC 83 of 2009) [2018] UGHRC 14 (16 May 2018)

The UHRC Tribunal held that soldiers attached to Katabi Air-force Barracks subjected Mugabe Hillary to cruel, inhuman and degrading treatment and awarded general damages.

  • Freedom From Torture
  • Cruel Inhuman Degrading Treatment
  • Vicarious Liability
  • Damages For Human Rights Violations
  • Freedom-from-torture
  • Cruel-inhuman-degrading-treatment
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Constitutional Law [2018] UGHRC 5

Buwembo Monday v Attorney General (Complaint UHRC 124 of 2007)

Buwembo Monday v Attorney General (Complaint UHRC 124 of 2007) [2018] UGHRC 5 (9 April 2018)

The UHRC found that Buwembo Monday was beaten by CMI operatives and awarded compensation for cruel, inhuman or degrading treatment, but rejected the property claim.

  • Freedom From Torture
  • Cruel Inhuman Degrading Treatment
  • Right To Property
  • Vicarious Liability
  • Compensation For Rights Violation
  • Freedom-from-torture
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Constitutional Law [2003] ACHPR 50

Interights et. al. v Botswana (Communication 240 of 2001)

Interights et. al. v Botswana (Communication 240 of 2001) [2003] ACHPR 50 (20 November 2003)

The African Commission found Botswana not in violation of the Charter after rejecting claims about fair trial errors, death sentence proportionality, clemency, and notice of execution.

  • Right To Life
  • Fair Trial
  • Presumption Of Innocence
  • Death Penalty
  • Clemency Procedure
  • Cruel Inhuman Degrading Treatment
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.