The tribunal found that a prisoner died after being taken from Erute Prison by police, held the state vicariously liable for the unlawful killing, and awarded damages.
Estate of the Late Okiror Oputan v Attorney General (Complaint No: UHRC/SRT/09/2008) [2019] UGHRC 20 (23 October 2019)
Court
Uganda Human Rights Commission
Case number
Complaint No: UHRC/SRT/09/2008
Judge
Meddie Mulumba - Commissioner
The Tribunal found that the deceased, Okiror Joseph Oputan, died while in the custody of state agents, specifically the prison authorities. The evidence established that the deceased suffered injuries consistent with torture or blunt force trauma while in custody, and the state failed to provide any explanation for the cause of death or the circumstances leading to it. The legal principle is that when a person dies in state custody, the burden shifts to the state to provide a satisfactory explanation. The respondent did not discharge this burden, nor did it offer any evidence or submissions i…