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Article 1 of the African Charter, read in conjunction with Articles 5, 6 and 7 of the African Charter. 189. The Commission held in Abdel Hadi, Ali Radi& Others v Republic of Sudan 97 that "if a State Party fails to respect, protect, promote or fulfil any of the rights guaranteed in the African Charter, this constitutes a violation of Article 1 of the African Charter." The African Court on Human and Peoples' Rights also reached the same conclusion in the Thomas v. Tanzania where it held that the obligation under Article 1 of the African Charter is not complied with or is violated when any of the rights, duties or freedoms set out in the African Charter have been restricted, violated or not applied. 190. The Commission therefore finds that the failure of the Respondent State to protect the Victim from being subjected to torture and other i.11-treatrhents; as well as the failure to respect the Victim's right to liberty, access justice and medical care, is in violation of Article 1 of the African Charter. to 191.This is in line with practice of the Commission in which it held in several Communications that the violation of any of the provisions of the African Charter automatically means a violation Article 1 of the African Charter. In light of the above and having . found that the Respondent State in this Communication violated Articles 5, 6 and 7 of the African Charter, the Commission finds that the Respondent State has violated Article 1 of the African Charter. 192. In view of the above reasoning, the Commission: 1. Finds the Respondent State is in violation of Articles 1, 5, 6 and 7 (l)(c) and (d) of the African Charter; ii. Requests the Respondent State to: (a) conduct prompt, independent and impartial investigations into the allegations of unlawful detention, torture and inhumane, degrading treatment/punishment of the Victim and to prosecute and punish all the perpetrators; (b) pay adequate compensation to the Victim in accordance with the domestic law of the Respondent State, for the prejudices suffered including loss of earnings, medical expenses, physical and psychological torture, in relation to the violations found; ~ . /1/ ~;; ()l'o I\"-" 111,1\ ,~.. ./.,:;..,...,' "''°'cRn ,Q,, 41. ', /, /.,,.• 97 ·v4 ~ O~ Communication 368/09- Abdel Hadi, Ali Radi& Others v Republic of Suda,f(.:l \'\ ·:[ _) n ~-. \ 'J : ~ -; g, ::· i; =J. 6' .c· U '(j, "1.<);>ICAINf.O~ ~: o// ~ IETOESI'~? .;,'?'-' -

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Communication 376/09 – Acleo Kalinga (represented by Rhys Davies & Ben Keith International Human Rights Advisors) v. Uganda

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Detention Facilities/Conditions
Personal Liberty
Police Brutality and Offences
Right to Fair Trial
Torture and Ill Treatment

Case Head Notes: The Victim is a Rwandese citizen, who according to the Complainants, was arbitrarily detained and subjected to torture and other cruel, inhuman, and degrading treatment in Uganda between 2005 and 2007. In June 2005 the Victim stopped at a hotel in Uganda to eat lunch and, upon returning to his car, the Victim was forced into a car by individuals he belives to be members of the Ugandan Security Services. From June 2005 to May 2007, the Victim was never charged with any offence and was held incommunicado in various detention centres. During his detention the Victim was repeatedly interrogated about his reasons for travelling to Uganda, accused of being a member of the Rwanda Defence Forces involved in espionage, and of planning to shoot senior Ugandan officials. The Victim was subjected to various forms of ill-treatment including months of solitary confinement, prolonged application of extreme heat, electrocution, repeated beatings, starvation, denial of medical attention and being subjected to death threats while a gun was shoved in his mouth. The Complainants state that, because of the political pressure and the media publicity about the Victim's detention, the Victim was released in 2007. The Complainants state that, as a consequence of his detention, the Victim now suffers from serious and lifelong physical and psychological health problems. Consequently, the Victim is unable to gain employment and is unable to support himself or his children. Subsequent to the initial communication in 2009, the Commission also received additional information from the Complainants that, in June 2009, the Victim was transferred, without due process, by Rwandan Security Agents, from Rwanda to a secret detention facility in Uganda. The Complainants state that the Victim escaped the facility and fled to Tanzania where he contacted the UNHCR. In September 2010, Ugandan security operatives abducted the Victim in Tanzania and, allegedly, tortured him again. In July 2011 the Victim was forcibly removed from Nairobi, Kenya, to Uganda where he was again tortured. The Complainants also state that, in July 2011, the Victim was asked by officials of the Uganda Police Defence Forces to withdraw REDRESS's mandate to represent him before the Commission and was then released. The Commission found a violation of Article 5 noting that it is established caselaw that, during detention, beatings, solitary confinement, extremely poor quality food, shackling within a cell, and denial of access to medical care all amount to a violation of Article 5. The Commission also stated that based on the sworn testimony of the Victim and the medical report, which supported the Victim's testimony, the Commission affirmed that torture had occurred. Additionally, the Commission stated that the incommunicado detention of the Victim further violated Article 5. The Commission found a violation of Article 6 stating that arresting the Victim, without giving him any reasons for his arrest, and detaining him for a period of 23 months without charge, constituted arbitrary arrest and detention. The Commission found a violation of Article 7 because they stated that a 23 month detention, without charges being filed, and without being brought before a judicial authority, constituted an undue delay, and denied the Victim the opportunity to challenge his detention, and additionally because the Victim was denied access to a lawyer. The Commission found a violation of Article 1 noting that a violation of any provision of the Charter constitues a violation of Article 1. The Commission requested the Respondent State to conduct prompt, impartial investigations into the allegations and to prosecute and punish all perpetrators, to pay adequate compensation to the Victim in acordance with the domestic law of the Respondent State, including loss of earnings, medical expenses and suffering related to physical and psychological torture, to apologize to the Victim, to adopt and implement safeguards for the prevention of torture and other ill-treatment, to train security officers on adherence to custodial safeguards and prohibition of torture, and to report on the measures taken to implement the decision.

Country

Uganda

Outcome: Decided on Merits

Year Decided: Mar 8, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

May 20, 2009 ~ Mar 8, 2024

Country Geolocation

Latitude: 1.373333

Longitude: 32.290275

Country Geolocation (linked ACHPR Decision): Uganda

Primary Documents

Acleo Kalinga (represented by Rhys Davies & Ben Keith International Human Rights Advisors) v Uganda.pdf
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African Human Rights CLA 2.0

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Communication 376/09 – Acleo Kalinga (represented by Rhys Davies & Ben Keith International Human Rights Advisors) v. Uganda

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