• What is UNN?
  • Why UNN?
  • Our Team
  • Support Us
Wednesday, February 8, 2023
  • Login
  • Home
  • Featured stories
  • Editors Choice
  • Trending Stories
  • News
  • Africa Today
  • Opinion
  • Literature
  • Videos
  • Sports
No Result
View All Result
  • Home
  • Featured stories
  • Editors Choice
  • Trending Stories
  • News
  • Africa Today
  • Opinion
  • Literature
  • Videos
  • Sports
No Result
View All Result
UNN Times
No Result
View All Result
Home News

Court Orders Government to Pay Ugx280m as Compensation for Soldiers’ Stealing of Corpse

Moses Kalaire | UNN Times ReporterbyMoses Kalaire | UNN Times Reporter
December 16, 2022
in News, Trending Stories, Uganda
0
Court Orders Government to Pay Ugx280m as Compensation for Soldiers’ Stealing of Corpse
83
VIEWS
Share on FacebookShare on Twitter

KAMPALA – The High Court in Kampala has ordered the government to pay a family Ugx280m (about $76,486) after UPDF soldiers and police killed their relative, and illegally detained nine others.

High Court Judge, Boniface Wamala ruled that there was irrefutable evidence to show that UPDF soldiers together with the police murdered Remizio Okello in the process of arresting him, together with nine of his relatives.

RELATED STORIES

NUP Lead Counsel-Anthony Wameli Dead

NUP Lead Counsel-Anthony Wameli Dead

February 8, 2023
Mpuuga Mocks Chief Justice Owiny-Dollo over Ssewanyana-Ssegirinya Trial

Mpuuga Mocks Chief Justice Owiny-Dollo over Ssewanyana-Ssegirinya Trial

February 8, 2023
Pastor Kayanja Faulted for Manufacturing Fake Ticks’ Drugs

Pastor Kayanja Faulted for Manufacturing Fake Ticks’ Drugs

February 8, 2023
Renowned Jinja based Musician Arrested for Abduction, Defilement

Jinja Based Musician Detained for Defilement was on Wanted list for Robbery

February 8, 2023

In a civil suit filed last year, Patrick Obong, a nephew to the 10 ran to court seeking orders that the security’s action of killing Okello without following the law violated his right to life. Obong also asked the court to issue a declaration that the government’s act of detaining Simple Apio, Jacinto Ongwec, Peter Ogwang, Joseph Arach, Florence Akello, New Innocent, Lilly Opio, Silva Oyuku and Day Ajok incommunicado for a period exceeding 48 hours violated their fundamental human rights.

Obong also asked the court to declare that the government’s refusal to hand over the body of Okello to his relatives for a decent burial in conformity with his Luo customs at his ancestral grounds violated his right to a decent burial. He asked the court to order that the government exhumes and hands over the body or the remains of Okello to his relatives for a decent burial at his ancestral grounds.

He also asked the court to award him Ugx85m as compensation to each of the nine victims for the violation of their rights, Ugx75m as punitive and exemplary damages to each of the nine in order to deter government agents from committing similar highhanded, arbitrary and unconstitutional acts.

He also requested Ugx200m as general damages for mental anguish, agony, misery, and inconvenience and that the money should attract a 25 per cent interest until it’s paid.

According to court papers, on April 24, 2021, the nine were brutally arrested from their home at Wigweng village, Awio parish, Iceme sub-county in Oyam district by soldiers from Lira Garrison and police officers from Oyam Central Police Station.

In the course of the arrest, the officers shot dead Okello and thereafter took away his body to an unknown place.  That when they were arrested, the nine were not informed of the reasons for their arrest and consequent detention and were not granted prompt access to a lawyer or next of kin until when they were taken to court 10 days and charged with aggravated robbery.

According to Obong’s affidavit, the nine were subjected to torture, severe mental anguish, and pain during their arrest and detention.

The Attorney General who was the respondent in the matter on behalf of the government opposed the application through an affidavit sworn in by Dinah Kyasiimire, an Assistant Commissioner of Police in the Directorate of Human Rights and Legal Services.

In her affidavit, she stated that the application was wrongly before the court because similar matters had already been adjudicated and determined. She also said that the nine who had been arrested had been guaranteed a fair trial having been indicted, committed, and are awaiting their day in Court.

In his ruling, judge Wamala found that indeed there was evidence that the rights of the nine were abused.

“Confining a victim incommunicado, in a secret detention place or another form of detention, constitutes torture of a mental or psychological nature under item 2(c) of the second schedule to the Prevention and Prohibition of Torture Act 2012… This constituted torture, cruel, inhuman or degrading treatment as against the victims,” held Wamala.

He also ruled that the shooting and killing of Okello were not in dispute because the court was informed that the officers implicated in the shooting are currently undergoing trial on murder, obstruction of lawful execution of duty, and conspiracy to commit a felony charge.

The officers implicated include UPDF soldiers led by RO 08695 Lt Col Nelson Ayebare and RA 155856 Cpl Sulait Basajjabalaba and RA 255934. Pursuant to the disposal of MC No. 136 of 2021, the Respondent was ordered to release the body to the deceased’s relatives but the same has not been done and there seem to be no effort made towards that direction,” ruled Wamala.

The judge also noted that he found it inconceivable that the government had taken so long without handing over the body of Okello to relatives for a decent and dignified send-off.

“The fact that they have not made any explanation to the Court implies that it is a deliberate act of breach of the victims’ rights.

It follows therefore that the right of the deceased to life under Article 22(1) of the Constitution was violated and so is the right of the Applicant and subject persons to conduct a decent burial for their relative in accordance with their right to practice one’s culture and customs under Article 37 of the Constitution,” said the judge.

Having found the government culpable, Wamala ordered that each of the nine victims be compensated Ugx20m, in addition to Ugx100m for exemplary damages.

“While coming to a decision on a sum that constitutes fair and reasonable compensation in this regard, I take cognizance of the fact that damage for death, pain, and suffering present serious difficulty in assessment with precision.

“I am equally aware that comparing the magnitude of pain and suffering in concrete terms with comparable past cases is quite difficult to put in terms of monetary awards. Nevertheless, in the present circumstances, I am faced with a claim made on behalf of various victims who were arrested while mourning the death of their relative that was killed by the Respondent’s agents and/or servants; and a further fact that the body has not been handed over to the relatives for over a long period of time for a decent burial and in accordance with their culture and customs,” said Wamala.

The judge also ordered that the government meets the costs of the case and that all the money should attract a 10 per cent interest from when the judgment was issued until full payment is made. The judge also ordered that the body of Okello be exhumed and handed over to his relatives so that he can receive a proper burial.

Additional reporting by URN

Tags: an Assistant Commissioner of Police in the Directorate of Human Rights and Legal ServicesAwio parishBoniface WamalaDinah KyasiimireFlorence AkelloHigh Court JudgeIceme sub-county in OyamJacinto OngwecJoseph ArachLilly OpioNew InnocentPeter OgwangPrevention and Prohibition of Torture Act 2012RA 155856 Cpl Sulait BasajjabalabaRemizio OkelloRO 08695 Lt Col Nelson AyebareSilva Oyuku and Day AjokSimple ApioWigweng village
Previous Post

Uganda’s Army Admits Carrying out Arbitrary Arrests

Next Post

Turnaround in Parliament’s Censure Move against Minister Namuganza

Related Posts

Uganda Institutes Aggravated Trafficking Charges against American Couple

byMoses Kalaire | UNN Times Reporter
December 21, 2022
0
Uganda Institutes Aggravated Trafficking Charges against American Couple

KAMPALA – The Director of Public Prosecutions -DPP has instituted a fresh charge of aggravated trafficking against an American couple,...

Read more

Minister Ogwang – NCS’ boss – Ogwel Clash before Parliamentarians

byMoses Kalaire | UNN Times Reporter
December 6, 2022
0
Minister Ogwang – NCS’ boss – Ogwel Clash before Parliamentarians

KAMPALA – The minister of state for sports, Peter Ogwang and the General Secretary, National Council of Sports –NCS, Dr...

Read more
Next Post
Turnaround in Parliament’s Censure Move against Minister Namuganza

Turnaround in Parliament’s Censure Move against Minister Namuganza

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms & Conditions and Privacy Policy.

About us

UNN is a new people powered TV channel, Radio station and Newspaper leading the revolution. We’re a media outlet focused on inspiring and empowering you while telling the truth, because as they say, the truth will set you free.

Recent

NUP Lead Counsel-Anthony Wameli Dead

Mpuuga Mocks Chief Justice Owiny-Dollo over Ssewanyana-Ssegirinya Trial

Pastor Kayanja Faulted for Manufacturing Fake Ticks’ Drugs

Jinja Based Musician Detained for Defilement was on Wanted list for Robbery

Police Claim NUP Supporter who Died in a Kireka Safe-house was an ADF Collaborator

Uganda Terminates Operations of UN Human Rights Office

Follow Us

Tweets by GetUNN

Facebook

© 2023 UNN Times

No Result
View All Result
  • Home
  • Featured stories
  • Editors Choice
  • Trending Stories
  • News
  • Africa Today
  • Opinion
  • Literature
  • Videos
  • Sports

© 2023

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.