Coming up for hearing: on 6th April 2022.
Application filed: 13th August 2019.
Articles: 5, 6 (d), 7, 27, 30, 71(1) (d), (e), (f), (p) & (2), 74, 76 and 104 of the Treaty for the Establishment of the East African Community (EAC), Articles: 3(2), 5, 7(2) (b), 7(3), 13 and 14 of the Protocol on the Establishment of the East African Community Common Market, Articles: 2, 3, 5, 6, 7, 12 and 14 of the African Charter on Human and Peoples Rights and 7 & 12 of the UN International Convention on Civil and Political Rights, Sections: 20, 21, 23, 24 and 26 of the Constitution of the Republic of Uganda and Articles 1 and 2 of the Draft Articles on state responsibility adopted by the International law Commission on the work of its fifty-third session, 23rd April -1st June and 2nd July-10th August 2001, Official Records of the General Assembly, fifty-sixth session, Supplement No. 10(A/56/10).
Subject matter: Alleged arbitrary arrested, detention, torture and deportation.
The Applicants allege to have been arbitrary arrested, detained and tortured by Ugandan security agents and illegally deported from Uganda and dumped at Rwandan boarder posts in violation of the provisions of the EAC Treaty, the Universal Declaration of Human Rights, the African Charter on Human and Peoples Rights and Draft Articles on state responsibility adopted by the International law Commission on the work of its fifty-third session, 23rd April -1st June and 2nd July-10th August 2001, Official Records of the General Assembly, fifty-sixth session, Supplement No. 10 (A/56/10).
That, the arrests and torture caused them to endure and suffer physical injuries, permanent disabilities and terminal diseases. Further, the illegal deportation deprived them their property and separated them with their families in violation of provisions of the Universal Declaration of Human and Peoples’ Rights and the African Charter on Human and Peoples Rights.
The Applicant further contends, the Respondent as Partner State of the EAC and a signatory of the African Charter on Human and Peoples’ Rights had an obligation to uphold and safeguard principles enshrined in the respective instruments of which it did not. Uganda is therefore vicariously liable for the unlaw actions of its security agencies, organs and or personnel.
The Applicant therefore prays among other things for the following reliefs;
- A declaration that, the acts of arrest, detention, torture and illegal deportation of the Applicants is an infringement of the Treaty and other instruments cited.
- A declaration that, acts of the Respondent infringed the fundamental rights of the Applicants on free movement, right of establishment, residence and to carry out trade in the Republic of Uganda.
- A declaration that, the Applicants’ rights to their private property and families in Uganda were infringed by the Respondents acts.
- A declaration that, the Applicants are entitled to remedies against the Respondent.
The Respondent contests the identities of the Applicants and denies all the allegations whatsoever in respect of the purported illegal deportation and alleged violation of the provisions of the EAC Treaty.
The Respondent denies and contests all the allegations by the Applicants in respect of purported arbitrary arrest, detention and torture and alleged violation of the EAC Treaty and other cited instruments. Further denies and contests all the allegations of purported injury, trauma, disease, disability, deprivation of property and separation of families alleged by the Applicants.
In addition, denies any violation of its obligations to uphold and safeguard the principles stipulated in the International Treaties and Conventions cited and argues that, the Applicant are not entitled of the reliefs sought.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: firstname.lastname@example.org