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Uganda decisions
Decisions matching the current search
Nduhukire Nasser alias Don Nasser v Attorney General (Miscellaneous Application No. 8 of 2025) [2025] UGHC 474 (30 June 2025)
The High Court held it lacked territorial jurisdiction over alleged abduction and torture in Kenya, found no proof of unlawful rendition, and dismissed the application with costs.
Walusimbi & 5 Others v Attorney General (Miscellaneous Application 18 of 2024) [2025] UGHCICD 2 (20 March 2025)
The Applicants failed to prove, on a balance of probabilities, that their rights to freedom from torture, cruel, inhuman and degrading treatment, and to a fair, speedy and public hearing were violated. The Respondent's medical evidence and third-party statements were unrebutted and contradicted the Applicants' claims of torture. However, the Applicants established that they were detained at the Chieftaincy of Military Intelligence (CMI) facility, which is not authorized by law, and were denied access to legal counsel, next of kin, and medical attention. The Respondent admitted to prolonged de…
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Masereka v Attorney General & Maj. Gen. Kandiho (Miscellaneous Cause 34 of 2022) [2025] UGHCCD 21 (14 February 2025)
The court found that the applicant was detained for 19 days in violation of Article 23(4)(b) of the Constitution, which requires that a person arrested on suspicion of a criminal offence be brought to court within 48 hours. The evidence, including photographs of wounds and a hospital discharge summary, established on the balance of probabilities that the applicant was subjected to torture, cruel, inhuman, and degrading treatment while in detention, contrary to Articles 24 and 44 of the Constitution and Section 3 of the Prevention and Prohibition of Torture Act, 2012. The respondents failed to…
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Nyerere v United Republic of Tanzania (Application No. 023/2018) [2024] AfCHPR 24 (13 November 2024)
The court found that the mandatory imposition of the death penalty under Tanzanian law violates Article 4 of the African Charter, as it deprives judicial officers of discretion and fails to consider individual circumstances, rendering the punishment arbitrary and contrary to the right to life. The method of execution by hanging was held to violate Article 5, as it constitutes cruel, inhuman, or degrading treatment and undermines human dignity. The applicant's allegations of torture and unfair trial were not substantiated, as domestic courts had addressed these issues and no manifest error or…
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Nakamatte v Uganda (Miscellaneous Application 22 of 2024) [2024] UGHCICD 11 (5 November 2024)
The court found that the Applicant was detained for more than 48 hours before being produced in court, in violation of Article 23(4) of the Constitution, and that no explanation was provided for this delay. However, the Applicant failed to substantiate her allegations of torture, cruel, inhuman, and degrading treatment with credible evidence, such as medical reports or corroborative testimony. The court accepted the Respondent's evidence that any injuries were minor and resulted from resistance during arrest, not torture. The court also determined that the proper party to be sued in such matt…
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Haidara and Others v Republic of Mali (Ruling) (Application No. 009/2024) [2024] AfCHPR 35 (29 October 2024)
The African Court granted provisional measures in favor of three Malian applicants, ordering suspension of their detention so they could receive specialised medical care.
Kakwenza Rukirabashaija v Attorney General (Miscellaneous Cause 35 of 2021) [2024] UGHCCD 161 (23 October 2024)
The court found that the applicant was unlawfully arrested and detained by agents of the respondent for seven days without being brought before a court, in violation of Article 23 of the Constitution. The applicant was subjected to torture, cruel, inhuman, and degrading treatment, including physical abuse, incommunicado detention, and denial of access to family and legal counsel, contrary to Articles 24 and 44(a) of the Constitution and the Prevention and Prohibition of Torture Act. The respondent's agents also unlawfully searched the applicant's home and seized property without a warrant, in…
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Sserwadda v Uganda & Another (Miscellaneous Application 16 of 2024) [2024] UGHCICD 13 (23 September 2024)
The court found that the Applicant failed to provide credible evidence to substantiate his claims of torture, denial of access to legal or medical assistance, or violation of his right to a fair, speedy, and public hearing. The Applicant's allegations were unsupported by medical or documentary evidence, and the Respondents' affidavits and records contradicted his claims. The court emphasized that the burden of proof rests on the Applicant, and mere allegations without corroboration are insufficient. The court also noted that delays in the main criminal trial were attributable to the accused p…
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Lutaaya v Attorney General and 6 Others (Miscellaneous Cause 256 of 2021) [2024] UGHCCD 131 (20 August 2024)
The High Court has jurisdiction to hear and determine applications for enforcement of human rights violations. The Applicant's evidence, which was unchallenged due to the Respondents' failure to file a timely affidavit in reply, established that he was unlawfully detained for more than 48 hours and subjected to torture by police officers acting in the course of their employment. The actions of the Respondents constituted violations of the Applicant's non-derogable constitutional rights to freedom from torture and inhuman treatment, as well as his right to liberty. The Attorney General, as the…
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Mutama Richard & Others v Attorney General (Complaint UHRC 70 of 2009) [2024] UGHRC 6 (24 June 2024)
The tribunal found unlawful prolonged detention of three complainants, but dismissed their torture claims. Compensation was awarded for violation of personal liberty.
