Mukono inmates petition Judiciary over bail denial
“Being an inmate who has spent seven years on remand without trial, how does one expect justice for a man like Nkwatilire who has been detained for that long contrary to the constitutional remand period?” prisoners question in their memorandum.
Inmates of Luzira converge within Upper prison's football pitch. (Credit: Petride Mudoola)
Prisoners of Luzira Upper prison assemble within the green belts for an HIV testing and counselling exercise. (Credit: Petride Mudoola)
MUKONO - Mukono inmates locked up at Luzira Maximum Security Prison have petitioned the Judiciary over High Court’s failure to grant them bail, which they claim has contributed to the growing case backlog.
“For quite some time, we have expressed concern over the High Court’s failure to grant Mukono inmates bail, which makes us think we are not entitled to bail,” the inmates complained in a memorandum presented to the office of the Inspector of Courts.
The Case Backlog Reduction Committee (CBRC) report of 2020 indicates that 638 cases were pending trial in Mukono, of which the Judiciary is expected to hold eight criminal sessions to ensure it reduces case backlog.
“We have a case backlog stretching from 2014, in which inmates are complaining that Mukono Court has unfairly excluded them from being cause-listed. We hope that your kind approach to inmates will at least bring a smile after many years of complaints,” the memorandum reads.
The inmates noted that in 2020, they presented concerns regarding Mukono Court’s failure to grant them bail to the then resident judge, Margret Mutoni, who promised to handle the matter, but no action was taken.
The memorandum indicated that, “In 2021, then Mukono resident judge Justice David Batema was petitioned over the same matter, prompting him to visit prisons to establish the magnitude of the problem. As a result, some inmates were granted bail.
Unfortunately, the judge was transferred to the Iganga High Court, which greatly affected Mukono inmates.”
Prisoners cited the case of Dennis Nkwatilire among the longest serving remand prisoners who have been on prolonged detention pending trial, contrary to the constitutional remand period.
“Being an inmate who has spent seven years on remand without trial, how does one expect justice for a man like Nkwatilire who has been detained for that long contrary to the constitutional remand period?” prisoners question in their memorandum.
The “Justice delayed is justice denied” report of 2017 carried out on the plight of Pre-trial detainees in Uganda indicated that of 51,882 inmates locked up within Uganda’s prisons, 26,000 are on pre-trial detention even after completing their constitutional remand period.
Pre-trial detention means detention of a suspect before trial, either because of a failure to post bail or due to denial of release.
“Your Lordship, inmates have been pondering that constitutionally, they should be allowed to apply for bail after six months on remand instead of staying on committal for years waiting to be cause listed,” inmates suggested in the memorandum to Inspector of Courts.
We humbly request your Lordships to consider affordable bail terms to ensure the alleged accused inmates are capable of enjoying their human rights to temporary freedom until prosecution proves their cases in court.
The inmates feel this will go a long way towards decongesting detention facilities, hence reducing the prison’s budget, a gesture that will applaud a cause for plea bargain, the prisoners petitioned.
The inmates said, we appreciate the fact that the medical reports aligned in court help judges during trial. They, however, request that Police and medical personnel carry out the collaboration research report in form 3 and 24 for both victims within the same period to avoid any alterations or biases, especially against the accused.
The inmate’s memorandum noted that, “Unlike Justice Batema, who visits prisons in his jurisdiction, several judges fear moving any closer to jails so unfamiliar to the harsh realities behind the prison walls; otherwise, they wouldn’t easily jail people.”
Prisoners observed that, “If all judicial officers spared time to visit prisons, this they say, would open their eyes to the magnitude of congestion within detention facilities, hence decongest jails on an informed view.”
Efforts to contact Justice Margaret Mutoni for a comment were futile, but when asked why he did not consider Mukono prisoners for bail while he held the office, Justice Batema said the prisoners weren't denied bail, noting that while he was still the resident judge, he did not find any bail applications on his desk.
“While a resident judge, I did not find any bail applications on my desk, which made me think that no one had applied for bail. Among the pending documents presented to me were 168 letters of administration, which I cleared in three days,” Batema said.
“In my jurisdiction as a judge, whichever case appears before me, there is no capital offence that does not qualify for bail. If I don’t grant prisoners bail, then who will?” Justice Batema questioned.
Batema cited a State Attorney at his previous assignment as Soroti resident judge, who claimed that some prisoners could not be granted bail having committed capital offences, but he assured her that the cases she was talking about qualify for bail.
She yet again claimed that the inmate hailed from Kaberamaido, very far from Soroti, while the other comes from Kaabong, which necessitates going through Kotido to reach Soroti, but Batema questioned why the inmates wouldn’t qualify for bail, yet they are in his jurisdiction.
“The capital cases you are talking about deserve bail. Who told you I try petty offenders, if I don’t grant bail, then who will?” Batema asked the attorney before signing the applications that had been denied bail.
According to the Constitution, one is presumed innocent until proven guilty. You are not a criminal, you are a suspect. Why shouldn’t I give you bail? If at all we are all potential prisoners, why then should we set a president that will one day catch up with us, Batema questioned.