Respect Habeas Corpus
Jan 17, 2003
ALL STATES need checks and balances between the judiciary, executive and legislature.
ALL STATES need checks and balances between the judiciary, executive and legislature.
It is difficult for ordinary people to accurately assess the risk of a fresh insurrection but Uganda has a history of rebellions and Col Kizza Besigye has certainly been beating the war drum.
It is the duty of the army to do its best to put down the Kony rebellion. It is the duty of the security services to forestall any uprising or terrorist action.
This is their job. It is not wrong that they arrested four people on January 9 on suspicion of plotting to set up rebel camps in Teso.
However the Constitution says that suspects must be charged within 48 hours or be released. Francis Olebe and Willy Ekemu were charged on Thursday, 16 January, a week after they had been arrested, but Dr Peter Eriaku and Stephen Okurut are still in detention. This is not proper.
Similarly, a civil aviation official Pascal Gakyaro was arrested by CID on 12 January but the High Court on Thursday issued a writ of habeas corpus saying he should be produced in court on Friday.
The judiciary is doing its rightful duty by ensuring that the executive does not overstep the bounds of its authority by holding suspects for longer than 48 hours. The judiciary is checking and balancing the power and actions of the executive.
The security services have to remember that their ultimate duty is to protect the Constitution and democratic consensus in Uganda. Therefore they must respect the 48-hour rule and this writ of habeas corpus, and indeed any future writs of habeas corpus.
It is difficult for ordinary people to accurately assess the risk of a fresh insurrection but Uganda has a history of rebellions and Col Kizza Besigye has certainly been beating the war drum.
It is the duty of the army to do its best to put down the Kony rebellion. It is the duty of the security services to forestall any uprising or terrorist action.
This is their job. It is not wrong that they arrested four people on January 9 on suspicion of plotting to set up rebel camps in Teso.
However the Constitution says that suspects must be charged within 48 hours or be released. Francis Olebe and Willy Ekemu were charged on Thursday, 16 January, a week after they had been arrested, but Dr Peter Eriaku and Stephen Okurut are still in detention. This is not proper.
Similarly, a civil aviation official Pascal Gakyaro was arrested by CID on 12 January but the High Court on Thursday issued a writ of habeas corpus saying he should be produced in court on Friday.
The judiciary is doing its rightful duty by ensuring that the executive does not overstep the bounds of its authority by holding suspects for longer than 48 hours. The judiciary is checking and balancing the power and actions of the executive.
The security services have to remember that their ultimate duty is to protect the Constitution and democratic consensus in Uganda. Therefore they must respect the 48-hour rule and this writ of habeas corpus, and indeed any future writs of habeas corpus.