President Museveni pardons 130 convicts

President Yoweri Museveni has pardoned 130 convicts across various prisons in Uganda on humanitarian and public health measures.

According to a document issued by the Uganda Prisons Service (UPS) on October 15, 2024, the President’s decision aligns with Article 121 of the Ugandan Constitution, which empowers him to grant pardons under specific circumstances.

Theft and housebreaking dominate the offences which also include: arson, possession of opium, assault, and obtaining money by false pretense.

“The pardon was granted on grounds of public health and humanitarian grounds,” Frank Baine Mayanja, the senior commissioner of prisons noted in the statement.

“All the above pardoned prisoners have since been released. Please find the attached list for further details on those pardoned,” the letter read.

The release of the prisoners comes amidst ongoing concerns about prison congestion and public health challenges in the country’s correctional facilities.

Human Rights Commission welcomes move

The Uganda Human Rights Commission (UHRC) Chairperson, Mariam Wangadya, welcomed the President’s decision, emphasizing its importance both from a human rights and humanitarian perspective.

"For me, I welcome the act of the president. I imagine they had served a substantial part of their sentences. It's an act of kindness which we welcome as human rights defenders," she remarked.

Wangadya further noted that while there are victims involved, the hope is that the victims will find satisfaction with the act of clemency.

Wangadya underscored the significance of the pardon, particularly given Uganda's ongoing struggle with over-congested prisons.

"The country is grappling with over-congestion in prisons, and we hope that this will create enough space. We pray that this will not be a one-off. We pray that this will be a regular activity," she said.

She said the UHRC has repeatedly highlighted the poor conditions in Uganda’s detention facilities, where overcrowding exacerbates health risks, including the spread of diseases like tuberculosis and COVID-19.

Handling civil debtors, vulnerable women

The Chairperson also took the opportunity to advocate for reforms in how the criminal justice system handles specific groups, particularly civil debtors and vulnerable women.

"We also pray that civil debtors should be handled using alternative means instead of imprisoning them. We can use attachment of their assets and salaries other than committing them to prison," Wangadya suggested, pointing to the inefficiency of imprisoning those unable to pay debts when other punitive measures, such as asset seizures, could be employed.

Wangadya further expressed a preference for non-custodial sentences, such as fines and community service, particularly for minor offenders.

"Some of these crimes could have been punished without custodial punishment or sentences but fines and community service. My preference would be to order them to pay fines. Then order them to refund the money in addition to repayment of the funds to government," she explained.

Addressing the issue of women in prison, particularly those arrested for minor offenses like street vending, Wangadya called for a more humane approach.

"Some of them are remanded with their babies and others are pregnant. Immediately they are rounded off, they are remanded. We need a proper process of handling these women vendors that are often rounded up for selling or hawking on the streets," she stated, urging the authorities to rethink the criminalization of street vending and similar activities.

The President’s pardon is expected to ease some of the burden on Uganda’s prisons, which have long been criticized for being overcrowded and under-resourced.

The move also brings attention to the broader issues within the justice system, such as the need for alternatives to imprisonment and better support for vulnerable groups.

Reintegrating convicts into society

While the pardoned convicts will now return to their communities, Wangadya expressed hope that they will reintegrate successfully into society.

"We welcome the prerogative of the president, and we pray that they have learned and that they will now be law-abiding and also seek forgiveness from the victims of their crimes," she said, emphasizing the importance of rehabilitation and reconciliation.

Other human rights advocates are optimistic that this act of clemency will set a precedent for more consistent and broader reforms in Uganda’s criminal justice system.

Isaac Walukaga, a lawyer and partner at MMARKS Advocates, commented on President Museveni’s decision, stating “As the fountain of honor, the head of state holds the prerogative to exercise such powers.”

However, he said the challenge lies in how this is implemented.

“There must be a level playing field to ensure fairness in the process. The authorities should consider establishing a committee to work collaboratively in overseeing these decisions.”

Additionally, he said that while the principle of decongesting prisons is commendable, especially as it reduces the burden on taxpayers, the concern remains with the manner in which this power is exercised.

Charity Ahimbisibwe, a human rights activist, acknowledged that what the president did is an important aspect of justice, especially when it may involve individuals who have been wrongly convicted or have spent many years in prison.

However, she raises concerns about the impact of such pardons, particularly when they involve serious crimes.

"When the President exercises mercy in cases of high-profile or violent crimes, it risks sending the wrong message—that these offenses are somehow forgivable," she explained.

Ahimbisibwe highlighted defilement as a crime where leniency can undermine efforts to protect women and children.

However, she supported the pardoning of individuals convicted of petty crimes, noting that no one wishes for others to suffer unnecessarily.

According to Baine Mayanja, the majority of those pardoned were involved in petty crimes, with most hailing from upcountry prisons.

“Only a small number, less than five, were from Luzira Prison, with additional releases from Sentema Prison in Wakiso District and Kauga Prison in Mukono District. At the time of the pardon, there were over 78,000 prisoners nationwide,” he said.