Courts must respect the rights of PWDs
Oct 10, 2005
BY ALEX NDEEZI<br><br>I write in response to an article published in New Vision on September 27 about a deaf suspect. The article in part reads as follows: “Despite failure to get a sign language interpreter, Mwanga II Road Court magistrate Charles Yeteise ruled that a suspected deaf defiler be
BY ALEX NDEEZI
I write in response to an article published in New Vision on September 27 about a deaf suspect. The article in part reads as follows: “Despite failure to get a sign language interpreter, Mwanga II Road Court magistrate Charles Yeteise ruled that a suspected deaf defiler be committed to the High Court for trial.
The article goes on to detail how prosecution read charges in this particular case. The case raises very serious issues in relation to the administration of justice in general and the inherent human rights of People With Disabilities (PWDs) in our judicial system.
The following need to be noted in respect to the case:
i) If prosecution could not produce a sign language interpreter in court, how did they interrogate the suspect or obtain a statement from him?
ii) A cardinal element of the principle of natural justice is the right to be heard. Was the accused in this case heard or given an opportunity to plead guilty or innocent while interacting with the police authorities?
iii) Since the accused had no sign language interpreter, there is nothing to indicate that he was even aware that he was appearing in a court of law.
There is even no evidence to the effect that he actually understood or was made to know the said ruling committing him to the High Court.
The whole mind-boggling scenario can be compared to producing a suspect who knows no other language apart from Luganda in a court that transacts its business in French without an interpreter to translate from French to Luganda and vice versa!
How valid, just and fair are the rulings made in such a court of justice?
This is the highest level of injustice on the part of the judiciary and prosecution; and a blatant violation of inalienable rights of Ugandans with disabilities. Interestingly, this comes at a time when the Justice, Law and Order sector is struggling to win the confidence of the general public.
I condemn this act in the strongest possible terms and call on our Chief Justice and Minister of Justice and Constitutional Affairs to intervene in matters of this nature to save and protect the image of our country which has hitherto been praised for spearheading liberation of PWDs on the African continent.
It has to be noted that this particular case brings back our memories to the fact that people with disabilities of different categories of disability (visual, sensory, physical and mental impairment) hence suffered a lot at the hands of law enforcement officers who have no regard for the basic principles in our constitution on the promotion and protection of rights of PWDs.
Examples of cases include; Deaf girls being defiled but getting no justice because interpreters are never availed when evidence is being collected or when the culprits are taken to court.
Courts being located in storied premises with no lifts hence making it difficult for people with mobility difficulties to access the courts.
I now appeal to the Minister of Justice and Constitutional Affairs and the Chief Justice, police and the Director of Public Prosecutions (DPP) to urgently establish a joint task force to find means and measures by which this suffering can be alleviated so that our people also obtain equal access to the services of the Justice, Law and Order sector like other citizens.
The task force should include representatives from civic society organisations involved in the protection and promotion of the human rights of PWDs. These include Uganda National Association for the Blind (UNAB), Uganda National Association for the Deaf (UNAD) and National Union of Disabled Persons of Uganda (NUDIPU).
The task force should identify barriers faced by PWDs in accessing services offered by Justice, Law and Order sector and come up with sound recommendations to address such terrible and shameful scenarios.
Turning to this particular case at Mwanga II Road Magistrates Court, I hereby offer to provide sign language interpretation services at my personal cost to the officials in charge of the particular case should they deem my
offer useful.
To contact me, ring my aide on 077467810.
I write in response to an article published in New Vision on September 27 about a deaf suspect. The article in part reads as follows: “Despite failure to get a sign language interpreter, Mwanga II Road Court magistrate Charles Yeteise ruled that a suspected deaf defiler be committed to the High Court for trial.
The article goes on to detail how prosecution read charges in this particular case. The case raises very serious issues in relation to the administration of justice in general and the inherent human rights of People With Disabilities (PWDs) in our judicial system.
The following need to be noted in respect to the case:
i) If prosecution could not produce a sign language interpreter in court, how did they interrogate the suspect or obtain a statement from him?
ii) A cardinal element of the principle of natural justice is the right to be heard. Was the accused in this case heard or given an opportunity to plead guilty or innocent while interacting with the police authorities?
iii) Since the accused had no sign language interpreter, there is nothing to indicate that he was even aware that he was appearing in a court of law.
There is even no evidence to the effect that he actually understood or was made to know the said ruling committing him to the High Court.
The whole mind-boggling scenario can be compared to producing a suspect who knows no other language apart from Luganda in a court that transacts its business in French without an interpreter to translate from French to Luganda and vice versa!
How valid, just and fair are the rulings made in such a court of justice?
This is the highest level of injustice on the part of the judiciary and prosecution; and a blatant violation of inalienable rights of Ugandans with disabilities. Interestingly, this comes at a time when the Justice, Law and Order sector is struggling to win the confidence of the general public.
I condemn this act in the strongest possible terms and call on our Chief Justice and Minister of Justice and Constitutional Affairs to intervene in matters of this nature to save and protect the image of our country which has hitherto been praised for spearheading liberation of PWDs on the African continent.
It has to be noted that this particular case brings back our memories to the fact that people with disabilities of different categories of disability (visual, sensory, physical and mental impairment) hence suffered a lot at the hands of law enforcement officers who have no regard for the basic principles in our constitution on the promotion and protection of rights of PWDs.
Examples of cases include; Deaf girls being defiled but getting no justice because interpreters are never availed when evidence is being collected or when the culprits are taken to court.
Courts being located in storied premises with no lifts hence making it difficult for people with mobility difficulties to access the courts.
I now appeal to the Minister of Justice and Constitutional Affairs and the Chief Justice, police and the Director of Public Prosecutions (DPP) to urgently establish a joint task force to find means and measures by which this suffering can be alleviated so that our people also obtain equal access to the services of the Justice, Law and Order sector like other citizens.
The task force should include representatives from civic society organisations involved in the protection and promotion of the human rights of PWDs. These include Uganda National Association for the Blind (UNAB), Uganda National Association for the Deaf (UNAD) and National Union of Disabled Persons of Uganda (NUDIPU).
The task force should identify barriers faced by PWDs in accessing services offered by Justice, Law and Order sector and come up with sound recommendations to address such terrible and shameful scenarios.
Turning to this particular case at Mwanga II Road Magistrates Court, I hereby offer to provide sign language interpretation services at my personal cost to the officials in charge of the particular case should they deem my
offer useful.
To contact me, ring my aide on 077467810.