Pre-trial detention taking heavy toll on families — study

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A study on the socio-economic costs of pre-trial detention has found that it is taking a heavy toll on families, with 98% of detainees’ households losing income as more than a quarter of them sell assets to survive while others borrow money to cope.

Records from the prisons service show that 46.2% of the over 79,000 prisoners across the country are on pre-trial detention. This implies that 36,498 prisoners are on pre-trial detention.

The report titled Beyond the Cell: The Hidden Socio-Economic Costs of Pre-Trial Detention in Uganda, was released by Avocats Sans Frontières (ASF) at Sheraton Hotel in Kampala on October 29. ASF, also known as lawyers without borders, is a Belgium-based international non-governmental organisation that engages in access to justice, rule of law and capacity building.

The survey done in Ugandan prisons, shows that the consequences of prolonged pre-trial detention extend beyond the accused to affect household livelihoods, children’s welfare, family relationships and prospects of economic recovery after release.

ASF carried out the research in partnership with the Legal Aid Service Providers Network (LASPNET) with support from the Australian Development Agency under the Rights Behind Bars project.

Report details

The report also indicates that about 65% of the detainees interviewed had spent more than six months on remand without trial.

According to the report, households with children are the most affected, with 91% of them reporting stigma, interrupted education and child labour.

“These realities demonstrate that access to justice is not only a rights issue, but also a development and socio-economic concern,” said Richard Muganzi, the lead researcher.

Muganzi stressed the importance of pre-release support to avert a crisis for families once detainees return home.

The report shows that before arrest, most of the detainees interviewed earned a living through work that depends on daily personal effort.

According to the report, the majority of the interviewed prisoners before arrest were engaged in farming (23%), self-employment or business (21.3%), casual labour (13.8%) and boda-boda riding (10.3%).

The Deputy Chief Justice Moses Kazibwe Kawumi (1)

“Prolonged detention therefore interrupts production, business operations, daily earnings and education almost immediately,” Muganzi said.

The report also shows that many detainees lack information about police bond, bail and other legal remedies.

Although two-thirds of those interviewed inmates were aware of bail, the report shows that only 7% had applied for it.

“This suggests that many may not have understood the procedures, lacked sureties, could not meet bail conditions or struggled to navigate court processes,” Muganzi noted.

He added; “None of us should become complacent regarding the constitutional requirement that individuals be brought before court within 48 hours. Every day and every hour in violation of this safeguard affects families.”

Some stakeholders, however, argue that pre-trial detention is an important component of the administration of criminal justice, permitting the temporary deprivation of liberty while investigations and proceedings are ongoing.

But some participants such as Kira Municipality Member of Parliament George Musisi, argued that prolonged or unnecessary detention raises significant concerns about the right to personal liberty, procedural fairness and socio-economic well-being.

DCJ launches report

Launching the report, Deputy Chief Justice Moses Kazibwe Kawumi commended ASF for the study, which he said produces good information with practical recommendations to overcome the challenge.