Samuel Wabwire Joseph & Andrew Muchwa v Attorney General (Complaint UHRC 70 of 2012) [2017] UGHRC 9 (4 December 2017)


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# THE REPUBLIC OF UGANDA IN THE UGANDA HUMAN RIGHTS COMMISSION (UHRC) TRIBUNAL **HOLDEN AT KAMPALA** COMPLAINT NO: UHRC/70/2012

1. SAMUEL WABWIRE JOSEPH:::::::::::::::::::::::::::::::::::: 2. ANDREW MUCHWA

#### **AND**

# ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::

### BEFORE HON. COMMISSIONER JOSEPH A. A ETIMA

#### DECISION

The Complainants Wabwire Samuel Joseph and Andrew Muchwa allege that on 5<sup>th</sup> September 2012 while at Entebbe Airport on duty, police officers from Civil Aviation Authority and Entebbe Airport police station under the command of the officer in charge of Entebbe Airport police station one Caleb Mwesigye, they were punched several times all over their bodies, kicked in the chest and hit with gun butts in the faces. They further alleged that they were beaten on allegations of smuggling goods and driving near the airfieldwithout authorization. That they later reported the matter to Entebbe police station under the SD Ref 02/06/9/2012 but were not assisted. The Complainants contended that the actions committed against them by the Respondent's agents amounted to a violation of their right to freedom from torture, cruel, inhuman or degrading treatment or punishment of which they hold the Respondent vicariously liable.

## The issues to be determined by the Tribunal are;

- 1. Whether the Complainants' right of protection from torture, cruel, inhuman or degrading treatment or punishment was violated by the Respondent's agents. - **2.** Whether the Complainants are entitled to any remedies.

In determining these issues, the burden of proof lies with the person asserting that his or her rights have been violated, who in this case are the Complainants. This is in line with Section 101 (1) of the Evidence Act, Cap 6 Laws of Uganda, which provides that;

"Whoever desires any court to give judgment as to any legal right or liability dependant on the existence of facts which he or she asserts must prove that those facts exist."

#### Section.102 of the Evidence Act further provides that;

"The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side."

Before I resolve the above issues, I wish to note that though the Respondent did not produce witnesses in defence of the matter, the Respondent's Counsel Mwesigye Sandra cross examined the Complainants and filed submissions.

**Issue one: Whether the Complainants' right to freedom from torture or cruel inhuman** or degrading treatment or punishment was violated by the Respondent's agents The Universal Declaration of Human Rights (UDHR), 1948 under Article 5 provides that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". Likewise, Article 7 of the International Covenant on Civil and Political Rights (ICCPR), 1996 absolutely prohibits torture or cruel, inhuman or degrading treatment or punishment.

The African Charter on Human and Peoples' Rights (ACHPR) 1981 under Article 5reiterates the total prohibition of violation of the same aforementioned right.

The Constitution of the Republic of Uganda 1995 under Article 24prohibits subjection of anyone to any form of torture or cruel, inhuman or degrading treatment or punishment. This right is provided for as a non derrogable right under Article 44(a) of the same constitution.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, which Uganda ratified defines torture under Article 1to mean:

"...any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

The definition in Article 1 of the CAT has been applied by this Tribunal in the matter of Fred Tumuramye -and-Geraldn Bwete &Others UHRC NO 264/1999, where Commissioner AliroOmara spelt out the elements of torture as;

- a) An act by which severe pain or suffering whether physical or mental is intentionally $a$ inflicted on a person, - b) For a purpose such as obtaining information, or a confession, punishment, intimidation, coercion or for any reason based on discrimination, - c) The act is inflicted by or at the instigation of or with the consent or acquiescence of a $c$ public official or other person acting in an official capacity.

I shall therefore look for proof of these ingredients of torture before making my decision.

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The first Complainant Samuel Wabwire testified that on 5<sup>th</sup>September 2012 at around 18:00 hours they were at Entebbe International Airport with his colleagues Lt Col. Andrew Muchwa, Mr Obua Dickens, Mr. Batwawala Samson and Mwifuka Moseswaiting for the air craft which was coming from South Africa for service. It was a Uganda air cargo air craft, it landed 18:00 hours, parked it as usual, marshalling(showing the pilot where to park) and after parking, Lt. Col Muchwa their supervisor told them to off load the cargo. The cargo contained goods that some of his colleagues had bought from South Africa. As they were off loading, they saw Airport police officers attached to Civil Aviation Authority among whom was the Commandant Kafeero, Norman a police Officer in joint operations at the time, Mwesigye the officer in charge of Entebbe police station and about four other police officers in black police uniforms and armed with about four guns. That as they were off loading, they talked to their general manager Eng. Fred Kyankya, after they received instructions from Lt. Col Muchwa to stop off loading the cargo which they did. That after one hour, the policemen brought cars and told them to load the cargo (includingspare parts of the aircraft, TVs mattresses) into the vehicles, and take them to Entebbe police station. However, Lt. Col Muchwa, Obua Dickens, Samson Batwawala and Mwifuka Moses plus the four policemen with Caleb Mwesigye remained at the airport.

Samuel Wabwire further stated that as they were waiting for a flight from Mogadishu the following morning, Mwifuka Moses and other colleagues earlier mentioned were carrying out operations on the plane where they offloaded. He decided to go and call Lt. Col Muchwa to come and certify what they had done so that they could close the aircraft. That is when he heard one Caleb say "you arrest this idiot" telling the four policemen. They were surrounded by the police and the assistant superintendent Caleb Mwesigye. That Lt. Col Muchwa requested to first have the aircraft locked and then later report at the police station, but Caleb refused and instead ordered the police officers to arrest him. The four officers held him by his belt and pushed him to his vehicle. Lt. Col Muchwa refused to go and told them that he could not go before

checking the aircraft to have it closed and that is when the policemen started beating Lt. Col Muchwa, slapping and boxing him.

That as he tried to intervene, they got hold of his color, pushed and moved him away to about 30 meters from Lt. Col Muchwa. That he was then slapped, boxed, kicked that he fell down. Hewas beaten on the face, chest, eyes using gun butts and stepped on the chest. As one of the policemen was planning to shoot him, Obua Dickens intercepted and stood in between him and the corporal. There after they were taken to the airport police station wheretogether with Lt. Col Muchwa reported an assault case but he could not. Hewas taken to Victoria Medical Centre in Entebbe because his eye was swollen;after he was taken to his home in Kitooro. That the following day, Mwifuka Moses took him to Entebbe police station and registered an assault case vide SD/02/06/2012; he was issued with a police form 3 to take to the police surgeon at Katabi military hospital; he was examined by Dr. Kirunda Misango and given Since the implicated officers worked at Entebbe police station, he treatment. wasreferred to PSU and had his statement recorded and promised him that they would bring the suspects to book. He kept following up the matter and in 2014 he was informed that the file was taken to Kampala Metropolitan CID where he went and was told that the file had been taken to Katwe and being handled by the regional CID officer which he followed up and was told that the file was at Entebbe police station. He then informed that the file had been taken to the Airport police station where he went and was informed by one of the CID's that he could not arrest his boss. They kept on dodging him but the file was never taken to court and that is when he brought the case to Uganda Human Rights Commission.

During cross examination of Samuel Wabwire, he stated that he could not remember the date but it was 5<sup>th</sup> September 2012 and that they were waiting for a plane to land from South Africa and during the off loading, they were stopped by the airport police, and that it was the first time it had ever happened in the one and a half years he had worked in offloading. He stated that the police was right in stopping them from

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offloading the goods and that the goods they offloaded were TVs, mattresses and other goods including aircraft spare parts. That after they had been stopped they were again told to offload the goods and load them on police vehicles and other private cars to be taken to the airport police station. He confirmed that he was present when Lt. Col Muchwa was being beaten by the five policemen and the O. C Caleb Mwesigye; when he tried to intervene, he was arrested and beaten. He also confirmed that he was kicked, boxed and beaten with gun butts. His eye was injured, he was bleeding from the nose, and as a result, he also developed pain in the chest and on the knees. He restated that when he went to the airport police station to report the assault case it was not registered. That after failing to register his case, he went to Victoria Medical Centre for treatment and that it took him four months to heal.

The 2nd Complainant, Lt. Col Andrew Muchwa stated that on 5<sup>th</sup> September 2012 at around 6:00pm, their aircraft arrived at Entebbe from South Africa for maintenance and him being the production engineer, went to Apron 4 to meet the crew and aircraft. Then he started supervising Samuel Wabwire, Mwijuka and Sison Malein offloading the cargo including personal items and spares of the aircraft. As they were offloading; the Civil Aviation police, among whom was Norman the commandant, Kafeero and Mwesigye Caleb ordered them to stop off loading and put back what they were off loading in the aircraft of which they obliged. That about 15 minutes later, they ordered them to off load everything on their vehicles to be taken to the police station. So they started off loading again, before they could finish, Norman ordered that all vehicles on Apron 4 be impounded except those who were on duty. Among the carswas his, Sison's and Mwijuka's. However ASP Caleb Mwesigye started calling him names that "you ki man with a ki stomach, come take your car to police". That he told him that his car had been exempted by Mr. Kafeero but he insisted on taking the car to police. He again requested to let him first secure the aircraft by locking it and switching it off but instead ordered his men to arrest him. He informed him that a senior policeman is not supposed to be arrested like that but he insteadordered his men to arrest him, held him by the belt and started kicking him on the head, chest and legs.

Muchwa further stated that when Obua and Samuel Wabwire saw how they were handling him, they came to plead for him but they instead started beating Samuel on the head and face which got swollen. That the time he was beaten by the police, he sustained injuries on the chest and legs so he went to the aviation doctor called Kirunda for treatment. That from there he went to the airport police and his car was released. He was given sick leave for one week but even after treatment, he still felt pain the neck and chest. He further stated that when he reported his case of assault at Entebbe airport police station, it was not registered.

During cross examination of Muchwa, he stated that he was an employee of the aircraft and he was supposed to meet the aircraft after maintenance from South Africa the day of the incident. That the aircraft was for Ministry of defense which can also be used for private purposes where by a civilian can hire it. That they usually park at the base.

The captain of the aircraft on landing has the duty to declare the goods on board. That day, he was to offload and prepare the air craft for the next flight. There were no dangerous goods on board; it was a plane from repair and that he is the overall person responsible for the offloading of goods, the aircraft had spares on the plane and less than 10 people on board. He also added that they were obliged to declare goods on board through customs and that it is not mandatory for them to call revenue officers. At the time they were stopped from offloading, they were told that they were smuggling goods. The cargo had mattresses, TVs and spare parts for the aircraft and that it is individual responsibility to declare goods to the customs. The customs officer usually goes to the aircraft when it lands, when he was told to take his car to the police station, he requested to first secure the aircraft but instead he was arrested, beaten and restrained by the police. He confirmed that when Wabwire saw him being manhandled, he came to his rescue but instead the police pounced on him and beat him. One of the

policemen cocked a gun and Obua stood in between and said "if you want to kill then kill all of us". He also confirmed that after that scuffle, he went to register a case of assault at Entebbe airport police but that Caleb Mwesigye refused one of the officers to register their compliant. After that, he went to Entebbe police station to register the case, and then went for treatment. He also confirmed that he was hit on the back, chest, head with a gun butt and that he had chest pain and back ache. He was given injections and tablets as treatment but still after three years, he felt pain. He requested that Caleb Mwesigye be cautioned.

The Complainants' witness Obua Dickens stated that on 5<sup>th</sup> September 2012 while at Apron 4 welcoming an aircraft from South Africa at Entebbe airport, their bosses told him and others to offload the cargo. In the process of offloading, policemen from Civil Aviation arrived with their bosses Kafeero and Norman with about 10-15 policemen who were armed and ordered them to stop off loading, that the items had not been cleared by URA. That they were then ordered to off load the items and load them on their tracks to be taken to URA offices for verification. One of the policemen whose names he did not know started arresting Lt. Col Muchwa. Lt. Col Muchwa requested them to allow him first lock the aircraft then proceed to the police station but they instead started manhandling and beating him. One of the policemen grabbed him by the neck and the other by the belt. When Samuel Wabwire came in to intervene, about 3-4 policemen started beating him using gun butts, others were kicking him in the legs and this took about 30 minutes. He became unconscious and blood started oozing from his mouth. Thereafter, one of the police officers cocked his gun and that he stood in between and stated that "they should shoot all of them instead." After that, they drove Lt. Col Muchwa's vehicle to the Entebbe airport police station to register a case of assault which was not registered. They later went to Entebbe police station where they recorded an assault case then he went home.

Upon cross examination Obua Dickens stated that he was a technician and had been working at the airport for five years and that they do not have specific working hours

and that he works with engineers to make sure that the aircraft has been serviced and ensure its safety. In regards to the plane in this case, it was coming from South Africa and as they were offloading personal items, putting them on personal vehicles. The incident happened at around 6:30pm and that they could clearly see by use of day light. When the police approached them and told them to stop offloading they had to put back the offloaded goods which were again offloaded and taken to customs where they were assessed. That he was working with Wabwire by the time they were offloading and he could see what was happening to Wabwire clearly. He confirmed that he saw Wabwire being assaulted and kicked by a policeman and that he was beaten because he had intervened when they were manhandling Lt. Col Muchwa. He also stated that this was the first time the police had ever interrupted their duties. Nobody was detained, only the goods were impounded and he never went to the police station to follow up the case there after.

Another witness Batwawala Samson stated that on 5<sup>th</sup> September 2012 about 6:00pm while at the old airport with the Engineers including Samuel Wabwire, Muchwa and Obua went to do checks on the aircraft and off load it but when they started offloading, civil aviation policemen surrounded them and ordered that the cargo they were off loading be taken to custom. The cargo contained personal stuff and spare parts, after off loading the aircraft, they went to check on the condition of the aircraft and close it down. At a distance of about 10 meters, he saw a scuffle involving policemen, Wabwire and Lt. Col Muchwa as they were ordering Muchwa to take his car to the police. When he approached the scene, he saw policemen beating Wabwire. That he was being kicked that Wabwire sustained a bruise and a swelling on the eye. He added thatalthough he did not see Lt. Col Muchwa being beaten he saw him being forced into his vehicle. Later after the scuffle he went with Lt. Col Muchwa to record a statement but they were not allowed to.

During cross examination, Batwawala Samson stated that the aircraft was coming from South Africa and it had some properties and aircraft spare parts. That it was unexpected and unusual for the police and the civil aviation authority to appear. It was of essence for Lt. Col Muchwa to be present to see the maintenance of the aircraft. He confirmed that there were personal items on the aircraft that could have been for the engineers or pilots and that he was present at the time of the scuffle but could not intervene because people had guns and he could easily be shot. That at the time of offloading the plane, they offloaded everything apart from aircraft spare parts and that he did not know where they were being taken, either to police or customs. He also stated that he did not see Lt. Col Muchwa's injuries, he only saw Wabwire who was seriously injured and that he was not arrested because there was no reason for him to be arrested and that Wabwire and Lt. Col Muchwa were right to resist arrest since he did not see reason for their arrest.

Dr. Kalyesubula John,a medical doctor testified that in 2012, Wabwire Samuel and Andrew Muchwa approached him with police form 3 requesting to do a medical examination as a result of an assault. That upon examination on Andrew Muchwa, he had deep seated pain around the interior chest wall and lower back. The deep seated pain could have been caused by blunt force injury like blows and kicks and the degree of injury was harm. The medical report in respect of Andrew Muchwa was admitted in evidence as an exhibit.

He further testified that in respect to Samuel Wabwire's medical report, the Complainant first saw Dr. Kirunda Misango on 6<sup>th</sup> September 2012 and his findings were a bruise, pain and palpitation upon touch at the right interior chest wall. A bruise at the left orbit region, a bruise with a swelling on the right part which was injured at the lower bones of the leg. That the Complainant had been assaulted with a blunt object that caused the injury and the injury was classified as harm.

When he also examined him on 11<sup>th</sup> September 2012 at Entebbe hospital, the Complainant informed himthat he had been assaulted. On examination, he noted that the Complainant had a bruise with tenderness at the right interior chest wall, a bruise

with tenderness at the left orbital area. He also had a bruise on the left leg and he also classified the injury as harm. The medical reports dated 6<sup>th</sup> September 2012 and 11<sup>th</sup> September 2012 were admitted in evidence as the $1^{st}$ Complainant's exhibits.

The Respondent's Counsel filed submissions in defence wherein sheargued that in arresting the Complainants, the police were acting lawfully and that they released them within a few hours of arrest.

She went ahead and quoted the Section 2 of the Criminal Procedure Code Act which states that "in making an arrest the police officer or other person making it shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. If a person forcibly resists the endeavor to arrest him or her or attempts to invade the arrest, the police officer or other person making the arrest may use all means necessary to effect the arrest."

That the Complainants stated that the police injured them during the attempt to arrest them; however that the police in line with the above mentioned section used reasonable force to effect arrest of the Complainants who were smuggling goods. In an attempt to resist arrest, the Complainants wound up in a scuffle with the officers. Lt. Col Muchwa resisted following orders by police to surrender his vehicle and have it taken to the police station. That according to his own testimony, Lt. Col Muchwa explained that his car was exempted because he was on duty, however, according to the statement of the O/C Entebbe police station D/SP Zarugaba Tinka Ignatius which is on file, the police had lawful orders to cease any unlawful cars and any goods at the site and these included Lt. Col Muchwa's vehicle. Instead of following orders, Lt. Col Muchwa attempted to use his rank as a Col to intimidate the police officers in to leaving his car with smuggled goods to be let go. In response, the police arrested Lt. Col Muchwa which he did not appreciate because he was of a higher rank and that during this resistance of arrest; Lt. Col Muchwa alleges that he was injured by the police men.

The Respondent's Counsel further submitted that during cross examination of Wabwire, he admitted that among the arresting officers were airport revenue officers, he also admitted that the reason they stopped him and Lt. Col. Muchwa from off loading the plane was because they suspected the goods were stolen. Wabwire by his own admission noted that the police were correct to stop them from offloading this cargo because it had not been assessed for taxes. Wabwire further admitted that the officers first ordered all the goods to be impounded and then ordered Lt. Col Muchwa to drive them to the airport but when Lt. Col Muchwa refused, they then attempted to arrest him. Further, during the arrest of Lt. Col Muchwa, Wabwire attempted to stop the police officers from arresting the Col by reminding them of his rank. He also stated that he pulled down one of the officers during the fight but according to the O/C of Entebbe police station, the impounded goods were taken to customs and taxed and the officers were fined Uganda shs 54 million for attempting to invade taxes. The officers were further charged under the Civil Aviation Regulations and the file was sanctioned for prosecution in court.

It is therefore Respondent's contention that the police officers were acting within their duties when they lawfully arrested the Complainants and that the Complainants' allegations of torture, cruel, inhuman and degrading treatment are baseless and their complaint should not be entertained by the tribunal.

The Respondent's Counsel further submitted and quoted Section 102 of the Evidence Act and the case of Agaba, Benard and attorney general UHRC 56 of 2002 where the tribunal held that the burden to prove a claim remains on the Complainant wit or with our rebuttal by the Respondent. A party can only be called on to dispute or rebut what has been proved by the other side and that it's their contention that the Complainants did not suffer any significant injuries as alleged or any at all and that the allegations of the Complainants' that they were tortured or severely beaten are not supported by medical evidence.

The findings of the tribunal regarding this issue is that the first Complainant Samuel Wabwiire alleges that while on duty at Entebbe they were stopped by the police officers from Civil Aviation Authority and Entebbe police station under the command of theO. C Entebbe police station one Caleb Mwesigye and that these police men begun to man handle his superior Lt Col Muchwa Andrew. That in the process of intervening he was roughed up. He was beaten with a gun butt, slapped, boxed, kicked as a result he fell down. He added that he was beaten on the face, chest, eyes and also stepped on the chest.

The second Complainant Lt. Col Muchwa stated that while on duty, Caleb Mwesigye apolice man from Entebbe police station and other police men from civil aviation ordered him totake his car to police. He requested Caleb Mwesigye to let him first secure the aircraft by locking it and switching it off but instead ordered his men to arrest him. He informed him that a senior policeman is not supposed to be arrested like that but he instead ordered his men to arrest him, held him by the belt and started kicking him on the head, chest and legs. That when Samuel Wabwire intervened he was also severely beaten.

The Complainants' witnesses Obua Dickens and Batwala Samson' testimonies are consistent with those of the Complainants statements in regard to the beatings suffered. The medical evidence that was adduced corroborates the Complainants' allegations of torture and reflect the extent of injuries.

I do not agree with the Respondent's Counsel submitted that the Complainants did not adduce any medical evidence to prove their allegation of torture. The Complainants produced medical document in tribunal and even called an expert witness Dr. Kalyesubula John who described the nature of injuries each had suffered and classified them as harm.

From the foregoing I find as afact that the Complainants suffered severe pain or suffering which was intentionally inflicted on them by police men from Civil Aviation Authority and Entebbe Police station.

Whereasthe police officers while apprehending the Complainants were acting lawfully and that they released them within a few hours of arrest, I find that the police injured them during the attempt to arrest them.

As already stated Article 24 of the constitution prohibits torture and Article 44 of the constitution declares freedom from torture or cruel,inhuman and degrading treatment or punishment a non-derogable freedom. In the premise therefore I find and hold that right $\quad\text{ of }\quad$ freedom from the Complainants abalance $\quad \text{of} \quad$ probability $\overline{on}$ torturecruel,inhuman and degrading treatment or punishment was violated by the Respondent's agents of which the Respondent is vicariously liable.

## **Issue two;Whether the Complainants are entitled to any remedy.**

## **Article 53(2) of the Constitution provides:**

"The Commission may, if satisfied that there has been an infringement of a human right or freedom order-

$(a)$

- (b) payment of compensation; or - (c) any other legal remedy or redress."

As resolved in the above issue, there was violation of the Complainants' rightto freedom from torture, cruel, inhuman or degrading treatment or punishment contrary to Articles24 and 44 of the 1995 constitution of Uganda.

In regard to the issue of the remedies available for the Complainants, counsel for the Respondent submitted that its trite law that special damages must be specifically pleaded and strictly proved by the claimant as observed by Byamugisha JA inEladam Enterprises Ltd vs S. G. S (U) Ltd and others Civil Appeal No. 20 of 2002 (2004) **UGCA1.** Also in Joseph Serwadda versus the Attorney General civil suit No. 1422 of **2000 at page 21**, Justice Mukibi Moses held that it is settled law that special damages must not only be particularized under a specific sub heading in the plaint but evidence should be adduced proving each head as well. Those special damages are best proved by the production of receipts relating to the transaction in which they are incurred. That the Complainants did not pray for special damages in their complaint nor did they adduce any receipts that can be referred to as a basis for calculation of these damages.

- Counsel further submitted that in regard to exemplary and aggravated damages that there was no evidence that was led by the Complainants to guide the tribunal on merits of awarding exemplary damages and that the police were right to apprehend the Complainants and arrest them for engaging in smuggling and they were correct to use reasonable force to enforce this arrest. She argued that the Complainants did not suffer any serious injuries nor any resulting disability that has impacted their ability to perform their duties and to earn a living and that therefore the Complainants are not entitled to any compensation for any alleged injuries and that the claim for compensation be disallowed. - With regard to this issue I agree with Counsel for the Respondent's submissions on special damages. Special damages must be specifically pleaded and proved by the Complainants. There is no evidence adduced by the Complainants' to be awarded special damages, no receipts were produced on a basis for calculation of these damages.

I will rather award them general damages as the appropriate remedy in this case. In assessing the amount the following factors are relevant;- the fact that freedom from torture, cruel, inhuman or degrading treatment or punishment is a non-derogable right; the nature and severity of the acts of torture; the nature of the injuries sustained if any attributable to the torture.

According to the expert witness Dr. Kalyesubula John, Andrew Muchwa suffered deep seated pain around the interior chest wall and lower back while Samuel Wabwire suffered A bruise, pain and palpitation upon touch at the right interior chest wall, a bruise at the left orbit region, a bruise with a swelling on the right part which was injured at the lower bones of the leg. The injuries that the Complainants sustained were harm.

I would like to put into consideration the fact that the degree of torture on the first Complainant Samuel Wabwire was more severe.

Bearing all these in mind and the circumstances of this case I award the 1<sup>st</sup>Complainant Samuel Wabwire Ug. Shs. $7,000,000$ (Seven million Uganda Shillings) and the 2<sup>nd</sup> Complainant Lt Col Muchwa Andrew Ug. Shs.5,000,000 (Five million Uganda Shillings) for violation of their right to freedom from torture, cruel, inhuman or degrading treatment or punishment.

## **ORDER**

- 1. The complaint is allowed. - 2. The Respondent is ordered to pay to the 1<sup>st</sup> Complainant Samuel Wabwire asum of Ug. Shs. $7,000,000/$ = (Uganda Shillings Seven million) as compensation for the violation of his right of freedom from torture, cruel, inhuman and degrading treatment or punishment. - 3. The Respondent is ordered to pay to the 2<sup>nd</sup> Complainant Andrew Muchwa sum of Ug. Shs. 5,000,000/= (Uganda Shillings Five million) as compensation for the

violation of his right of freedom from torture, cruel, inhuman and degrading treatment or punishment.

- 4. The awarded total sum of Ug. Shs.12,000,000/= (Uganda Shillings twelve million) will carry interest at a rate of 10% per annum from the date hereof until payment in full. - 5. Each party to bear its own cost.

Any party dissatisfied with this decision or any part thereof may appeal to the High Court within 30 days from the date hereof.

$\mathcal{L} \subseteq \mathcal{L}$ Dated at **KAMPALA** this .................................... $\mathbf{L}^{\mathbf{v}}$ .....day of ... **JOSEPH A. A ETIMA**

PRESIDING COMMISSIONER