ASP Mugarura Steven v CP Herman Owomugisha and Anor
ASP Mugarura Steven v CP Herman Owomugisha and Anor (Miscellaneous Cause No. 419 of 2017) [2021] UGHCCD 64 (23 July 2021)
The court found that the applicant's right to personal liberty under Article 23 of the Constitution was violated by the Uganda Police through repeated detentions exceeding the 48-hour constitutional limit without judicial order. The respondents did not specifically rebut the applicant's evidence regarding the duration and circumstances of his detentions, and the admissions in the respondents' affidavits supported the applicant's claims. However, the court held that the applicant failed to prove, on a balance of probabilities, that he was subjected to torture, cruel, inhuman, or degrading trea…
Source excerpt
- Personal Liberty
- Torture And Inhuman Treatment
- Vicarious Liability
- Public Officer Protection