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.
Nakitto v Attorney General (Miscellaneous Cause 122 of 2021) [2023] UGHCCD 274 (22 September 2023)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 122 of 2021
Judge
Musa Ssekaana, J
The court found that the applicant's son was unlawfully deprived of his constitutionally guaranteed right to life by the respondent's soldiers/officers during a security crackdown. The state failed to provide a meaningful defense or justification for the shooting, and the burden of proof could not be placed on the applicant to identify the specific shooter in a chaotic riot situation. The court held that the right to life is inalienable and protected under both domestic and international law, and the state is vicariously liable for violations committed by its agents. The applicant was entitle…
Lutaaya v Attorney General (Civil Appeal No. 25 of 2014) [2023] UGCA 59 (17 February 2023)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 25 of 2014
Judge
Musota, JA, Bamugemereire, JA, Musoke, JA
The Court of Appeal set aside a High Court ruling and ordered a retrial after finding that a key affidavit was wrongly expunged without adequate witness protection.
The Tribunal found that the shooting of the complainant by a Police officer was unintentional and did not amount to torture or cruel, inhuman or degrading treatment. However, the respondent was held liable for violation of the complainant's right to security of person. The Tribunal considered the evidence of injury, the respondent's admission and regret, and the impact on the complainant's life. It awarded general damages to compensate for the violation and ordered interest at the court rate until payment in full.
Omoding Okwi and 3 Others v Attorney General (Complaint No: UHRC/SRT/006/2008) [2022] UGHRC 8 (24 January 2022)
Court
Uganda Human Rights Commission
Case number
Complaint No: UHRC/SRT/006/2008
Judge
Shifrah Lukwago - Commissioner
The Tribunal held that police shot and injured three complainants and killed a woman during a Christmas gathering, awarding compensation against the Attorney General.
Kasaija v Attorney General (Complaint No: UHRC/FPT/39/2013) [2022] UGHRC 12 (15 January 2022)
Court
Uganda Human Rights Commission
Case number
Complaint No: UHRC/FPT/39/2013
Judge
Shifrah Lukwago - Commissioner
The Tribunal found that the complainant was unlawfully detained for 12 days beyond the constitutionally permitted period without being produced before court, constituting a violation of his right to personal liberty. The respondent's conduct, including the offer to settle and the failure to challenge the facts or provide updates, amounted to an admission of liability. The Tribunal considered the seriousness of the violation, the circumstances of detention, and the principle of assessing damages based on current value, and determined that the complainant was entitled to compensation. The initi…
Agaba v Attorney General (Complaint No: UHRC/ FPT/52/2012) [2022] UGHRC 20 (1 January 2022)
Court
Uganda Human Rights Commission
Case number
Complaint No: UHRC/ FPT/52/2012
Judge
Shifrah Lukwago - Commissioner
The Tribunal found that the applicant was subjected to severe pain and suffering intentionally inflicted by state agents (police officers and the LC1 defense secretary) during his arrest and detention. The respondent failed to rebut the applicant's evidence or provide any plausible explanation for the injuries sustained while in custody. Applying the principle of vicarious liability, the Attorney General, as representative of the state, is liable for the actions of its agents acting in the course of their employment. The right violated is non-derogable, and the applicant, being a minor at the…
Byabasaija v Attorney General (Civil Suit No. 243 of 2011) [2019] UGHC 27 (20 December 2019)
Court
High Court of Uganda
Case number
Civil Suit No. 243 of 2011
Judge
Musa Ssekaana, J
The court found that the plaintiff had adduced credible and uncontroverted evidence that Stella Kabasinguzi was unlawfully shot and killed by a police officer acting in the course of his employment during the Buganda riots. The state, represented by the Attorney General, is vicariously liable for the actions of its servants under both constitutional and statutory law. The violation of the deceased's right to life under Article 22(1) of the Constitution entitled the plaintiff to redress, including general and punitive damages. The court considered the age of the deceased, the dependency of her…
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…
Kiiza Besigye v Civil Aviation Authority & Anor (CIVIL SUIT NO 732 OF 2016) [2019] UGHCCD 39 (15 March 2019)
Court
HC: Civil Division (Uganda)
Case number
CIVIL SUIT NO 732 OF 2016
Judge
Musa Ssekaana, J
The High Court held that Besigye’s airport arrest violated his rights under Articles 23(3) and 24, awarded UGX 10 million compensation, and found the Attorney General liable.