Uganda Case Law

Dr. Stella Nyanzi v Attorney General

Dr. Stella Nyanzi v Attorney General (MISCELLANEOUS CAUSE NO. 247 OF 2017) [2019] UGHCCD 221 (16 December 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 247 OF 2017

Judge

Wolayo, J

The court found that the Respondent's officers violated the Applicant's right to leave Uganda under Article 29(2)(b) of the Constitution by preventing her from boarding a flight without a legitimate purpose, as the police directive had been overtaken by her prior compliance with police summons. The interference was unnecessary and not justified by law. The Applicant's right to human dignity and protection from degrading treatment under Articles 24 and 44(a) was also violated when she was separated from other travelers and embarrassed at the airport. However, the court found no violation of he…

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• Freedom Of Movement
• Human Dignity
• Degrading Treatment
• Passport Confiscation
• Judicial Review Of Administrative Action

Rashidi v United Republic of Tanzania (Application No. 009/2015)

Rashidi v United Republic of Tanzania (Application No. 009/2015) [2019] AfCHPR 10 (28 March 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2015

Judge

Bensaoula J, Chizumila J, Eno R, Matusse J, Mengue J, Mukamulisa J, Tchikaya J

The Court found that the applicant's arrest and detention in Tanzania, while he possessed a valid police certificate of loss of passport and official embassy correspondence, constituted a violation of his right to residence and freedom of movement under Article 12(1) of the Charter. The anal search performed on the applicant in the presence of his children was deemed cruel, inhuman, and degrading treatment, violating Article 5 and Article 4 (integrity of person) of the Charter. The seven-year delay in the High Court proceedings was found to be unreasonable and a violation of Article 7(1)(d).…

Source excerpt

• Right To Dignity
• Freedom Of Movement
• Right To Residence
• Reasonable Trial Time
• Degrading Treatment

Uganda v Nabakoza & Ors

Uganda v Nabakoza & Ors (Criminal Revision No. 8 2004) [2004] UGHCCRD 4 (7 September 2004)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Revision No. 8 2004

Judge

Okume Wengi

The High Court set aside harsh sentence and forfeiture orders imposed on ten accused persons, and substituted a caution, holding the orders unlawful and discriminatory.

• Sentencing Principles
• Forfeiture Of Property
• Discriminatory Punishment
• Degrading Treatment
• Due Process
• Fair Trial Rights