Nsubuga v Attorney-General
| Jurisdiction | Uganda |
| Court | High Court (Uganda) |
| Date | 16 May 1973 |
(Kantinti J.)
State responsibility Nature and kinds of For wrongs unconnected with contractual obligations Acts and omissions of State organs and officials Connected with legislation Emergency Regulations 1969 Ministerial detention order Allegations of false imprisonment and torture Whether State responsible for acts of police done in course of duty The law of Uganda
State responsibility Damages (Measure of damages) Grounds for awarding damages Responsibility for acts of police done in course of duty False imprisonment Assault and torture The law of Uganda
The individual in international law In general Human rights and freedoms Personal liberty Right of detained person to be informed promptly of charges Sections 10 and 21 of the Constitution Ministerial detention order Whether able to be challenged Emergency Regulations 1969 Allegations of false imprisonment Assault and torture State responsibility for acts of police done in course of duty Damages The law of Uganda
Summary: The facts:The plaintiff was suspected of a crime and when he gave himself up in December 1970 he was detained for 21 days without being taken before a magistrate. He alleged that during that time he was repeatedly assaulted, beaten and tortured as a result of which he lost part of his hearing in one ear. He claimed damages for assault and false imprisonment. The defendant contended that the plaintiff was arrested and detained under the Emergency Regulations and had been served with a detention order of the Minister in January 1971. Such an order, it was alleged, could not be challenged.
Held:(1) No evidence was adduced to show that the plaintiff was arrested and detained under the Emergency Regulations. The period of imprisonment up to January 1971 was unlawful under the Criminal Procedure Act.
(2) The detention order could not be challenged. The detention of the plaintiff after he had been served with the order was lawful and within the provisions of the Constitution guaranteeing personal liberty and the right of a detainee to be informed promptly of the charges against him.
(3) The plaintiff had been assaulted, beaten and tortured in the manner described by him and had suffered injuries and pain as a result. The defendant was responsible for the acts of the police done in the course of their duty. The acts complained of were not protected by the amnesty for political wrongs.
(4) Damages were awarded for false imprisonment and for assault.
The following is the text of the judgment of the Court:
In this suit the plaintiff claims general damages for wrongful arrest and illegal detention and trespass to person, assault and battery resulting in injuries and pain and suffering.
The plaintiff gave evidence and said that on 15 December 1970 he was arrested. He was then working in Kenya with the East African Cargo Handling Service as a shed supervisor. The police looked for him soon time in Mombasa. He was in Dar es Salaam at the time. After receiving information that he was wanted by the police, he came to Kampala and consulted an advocate. He and the advocate went to Parliament Buildings on 15 December 1970 and saw Mr. Kayondo a police officer, who took them to a room and saw another police officer whom he later found was Mr. Mugamba. The latter sent away the advocate, saying that the plaintiff was under arrest. Mr. Mugamba asked the plaintiff whether he had Mr. H. Kiwanuka's money amounting to Shs. 100,000/- which was part of the money which had been stolen from Kabale which Mr. Kiwanuka had told them that he knew nothing about the money because he was in Mombasa. The plaintiff went on to say that Mr. Mugamba ordered him to be taken to another room to make him talk. He found about eight people there. He was handcuffed and was beaten with chairs and he was kicked with boots. When he fell down he was stepped on. When he said that he knew nothing about the money, his trousers were removed and his private parts were tied to an electric appliance. After he had received a beating for about an hour he bled from the nose and ears. He heard one of the policemen telling the others to stop beating him lest they kill him. He became unconscious. He regained consciousness at Katwe police station where he was locked up.
At Katwe police station, he felt great pain and he was bleeding from the ears and eyes. The next day three policemen collected him from Katwe police station and took him to Parliament Building, where he was again asked about the money. He told than that he knew nothing about it. Mr. Wagaba again ordered the policemen to take him through the previous exercise and he was again beaten as before. The policemen were not in uniform but he understood them to be policemen by the way they were being addressed. One of them, Mr. Olal, introduced himself to him as a police officer and he was the one who had told the others to stop beating him on the second occasion. He continued bleeding from the nose and ears as before. At about 1 p.m. to was taken back to Katwe police station and he was locked up in a cell. He could not sit down and felt great pain all over. He asked the policemen who were guarding him to help him to get medical assistance. The officer in charge asked some people to take him to Mulago hospital. One of those people was Mr. Katiya. He was examined and X-rayed and...
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