Ochoko Joseph and Omondi Bernard v Attorney General (Complaint UHRC 144 of 2006) [2019] UGHRC 1 (12 March 2019)

Full Case Text

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# THE REPUBLIC OF UGANDA

# THE UGANDA HUMAN RIGHTS COMMISSION (UHRC) TRIBUNAL

## **HOLDEN AT JINJA**

## COMPLAINT NO: UHRC/JJA/144/2006

OCHOKO JOSEPH :::::::::::::::::::::::::::::::::::: OMONDI BERNARD ::::::::::::::::::::::::::::::::::::

And

ATTORNEY GENERAL ::::::::::::::::::::::::::::::::::::

# BEFORE HON. COMMISSIONER DR. KATEBALIRWE AMOOTI WA IRUMBA

## DECISION

The two Complainants (Cs) Ochoko Bernard (C1) and Omondi Bernard (C2), alleged that on 12th October, 2006 at about 7.00 p.m. while they were travelling in a car belonging to BIDCO Company from Buwenje Town to Jinja Municipality, they were attacked by highway robbers who robbed the money that was in the said vehicle in which they were traveling. That they immediately reported to Kakira Police Post and also recorded statements. However, when their boss was contacted, he instructed the policemen to detain them. That the following day on 13th October 2006, they were taken to Jinja Central Police Station (CPS) where they were detained for another two hours before being transferred to the Violent Crime Crack Unit (VCCU) base at

$\mathbf{1}$

Nalufenya Police Station. That while in detention at the said VCCU base, they were severely beaten in order to obtain information from them about the whereabouts of the money that they alleged to have been robbed from them. That they were detained at the aforementioned VCCU base from 13th, to 19th October, 2006 when they were transferred back to Jinja CPS and detained there until 20th October, 2006 when they were released on Police Bond. The two Cs alleged further that because of the beating they were subjected to, they sustained injuries on their knees. toes, chests and ears.

The two Cs therefore prayed to the Tribunal to order for compensation to them by the Respondent (R) for the alleged violation of their right to personal liberty and the right of freedom from torture or cruel, inhuman or degrading treatment or punishment.

#### **Issues:**

The issues that were originally expected to be determined by the Tribunal are:

- Whether the two Cs right to personal liberty was violated by State agents. $1.$ - Whether the two Cs right of freedom from torture or cruel, inhuman or degrading $\overline{2}$ . treatment or punishment was violated by State agents. - Whether R is liable for the violations. $3.$ - Whether the two Cs are entitled to any remedy. $4.$

## **The Tribunal hearing process:**

During the first hearing of this complaint that took place on 20th September, 2012 Counsel for the Respondent (RC) prayed for an adjournment to enable R's side obtain the relevant complaint documents for them to be able to respond to the allegations raised by the two Cs. However, on 21st February, 2013 when hearing resumed, R was not represented although summons and the relevant cause list had been duly served on them. Accordingly, hearing of the complaint proceeded ex-parte and C1, Ochoko Joseph testified stating that on 12th October, 2006 at about 7.00 p.m. C2 and himself travelled from Bwenge Town where they had gone to sell BIDCO products. That while they were travelling in a Canter box-body vehicle, a small vehicle with tinted glasses and without registration number plate stopped in front of their own while. That two men came out of the small car, went to where the two Cs had parked and one of them opened the

$\overline{2}$

door of the Canter vehicle, pulled out a pistol and pointed it at them. That he entered their vehicle and ordered them to drive following the small car in which he had come to the scene. That they drove and headed to Kakira plantation from where the two Cs were blind folded. That the two Cs were asked to were travelling. That the two Cs denied having the keys.

C1 added that him and C2 were pushed out of the car while they were still blindfolded and shortly thereafter, they had their captors banging something before they drove off. That when the two Cs removed the branding clothes that had been tied on their eyes, they checked their vehicle and realized that the money safe had been opened, and money stolen from it. That the two Cs immediately went to Kakira Police Post at about 8.00 p.m., reported the case of robbery and when they contacted their boss, one Bhavesh Kanabhai, he instructed the policemen at Kikira Police Station to detain them. That the policemen detained them as instructed by Bhavesh Kanabhai. That they were later on taken to Jinja Central Police Station (CPS). That the following day in the evening, they were transferred to the VCCU base at Nalufenya Police Station. That on their way to the VCCU base, they were beaten by three men who were in the car in which they were transported. That as they were being beaten they were being asked where the money that had been stolen was. That they replied that the money had been stolen from them by unknown people. That they were also beaten while in detention at the VCCU base in Nalufenya Police Station. That the VCCU operatives who beat them used batons and sticks, and they also slapped them while the others were standing and asking them about the money. That C1 was beaten on the ankles, back and knees, and was also slapped on his cheeks, all this for about 30 minutes daily. That Teddy Nyacho and Angella visited them and gave them some eats. That on the third day, they were made to stand under the sun for a long time and while in the detention cell, their fellow inmates were told to beat them while the VCCU operatives looked on. That all this was done to force them say where they had put the money that had disappeared from the safe.

C1 testified further that on the sixth day, they were taken back to Jinja CPS where they spent a night in the cell and then released on the following day on police bond.

The certified copy of the police bond in the names of C1 and C2 was admitted as the two Cs' first exhibit, and marked CsX1; and the certified photocopy of the lock up register from Nalufenya Police Station was admitted as their second exhibit and marked CsX2.

$\mathfrak{Z}$

# **R's Offer for amicable settlement:**

During the third hearing of this matter on 11th June 2013, RC Batanda Gerald prayed to be given a copy of the tribunal proceedings that had been recorded on 21st February, 2013; as well as the copies of the aforementioned certified lock-up register and police bond, to enable him explore the possibility of settling the complaint with the two Cs amicably. Accordingly, the said two documents and the proceedings were given to him and he also requested the two Cs to drop the issue of alleged violation of their right of freedom from torture or cruel, inhuman or degrading treatment or punishment, and only retain the issue of the right to personal liberty for amicable settlement. C2 who was the only one present on the prosecution side accepted RC's request and on 26th June 2013, C1 also agreed to the suggestion, and the two Cs submitted to RC their written proposal requesting to be paid UGX. 3,000,000/ $=$ each in compensation for their violated right to personal liberty.

The process of amicable settlement was advanced further on 18th November 2014, when a consent order in this respect was signed by the two Cs and it was handed over to RC to have it signed by his superiors for R's side.

Furthermore, on 7th May, 2018 RC Cheptoris Sylvia informed the Tribunal that RC Josephine Kiyingi who was in personal conduct of this matter had informed her that the Solicitor General had approved the proposal for settlement of the complaint at issue, and that she was therefore only awaiting signing of the consent order that had been forwarded to her earlier on. Accordingly, RC Cheptoris Silvia prayed to be allowed more time to conclude the said settlement.

#### The Tribunal's decision.

Since R had decided to settle this matter amicably and even negotiated with the two Cs resulting into the two parties striking an agreement on the aforementioned amount of money for compensation, I have decided to take it that R never disputed the allegations made in this matter by the two Cs but rather, admitted them. I have also sustained the agreement reached between the two parties when the two Cs agreed to drop the issue of torture and retain only the issue of personal liberty. There is therefore no need for me to waste the valuable Tribunal time on further

litigation in this matter. Accordingly, I accept and allow the aforementioned outcomes of the negotiations carried out by the parties.

Accordingly, I award to the two Cs the sum of UGX.3, $000,000/$ = each (three million shillings only) as general damages in compensation for the violation of their right to personal liberty.

I therefore order as follows:

## **ORDERS:**

- The complaint is wholly allowed. $1.$ - R (Attorney General) is ordered to pay to the two Cs compensation as follows: $2.$ - a) To C1, Ochoko Joseph a sum of UGX.3, 000,000/= (three million shillings only) as general damages in compensation for the violation of his right to personal liberty. - b) To C2, Omondi Bernard a sum of UGX.3, 000,000/= (three million shillings only) as general damages in compensation for the violation of his right to personal liberty. - Interest at a rate of 10% per annum to be paid on each sum of the award for each $3.$ complainant calculated from the date of this decision until payment in full. - $3.$ Each party to bear their own costs.

Either party may appeal to the High Court of Uganda within thirty (30) days from the $5.$ date of this decision if not satisfied with the decision of this Tribunal.

So it is ordered.

**SIGNED BY:**

DATED AT JINJA ON THIS....................................

DR. KATEBALIRWE AMOOTI WA IRUMBA PRESIDING COMMISSIONER