Law body advises government on bail

May 19, 2011

THE Uganda Law Society (ULS) has advised that denying bail to suspects would have disastrous effects on government and the rule of law.

By EDWARD ANYOLI

THE Uganda Law Society (ULS) has advised that denying bail to suspects would have disastrous effects on government and the rule of law.

The lawyers said once the law is passed, the Police would become reluctant to investigate and prisons would be congested with suspects.

In a statement released yesterday and signed by James Sebugenyi, the newly elected ULS president, the lawyers argued that the Government would be faced with serious compensation and damages upon acquittal of suspects or withdrawal of untenable charges.

“ If suspects are to be mandatorily (sic) remanded for six months, it will create an environment for extortions from accused persons by unscrupulous people or security agents. In order to avoid mandatory incarceration, suspects will be ready to pay any amount,” the lawyers said in their statement.

The ULS argued that keeping suspects on remand would create baseless and ill founded allegations by some people to cause mandatory remand.

The disapproval by the U LS followed a proposal by President Yoweri Museveni to amend the Constitution so as to scrap automatic bail for suspects who are charged with offences such as murder, treason, economic sabotage, defilement, rioters and rape.

Addressing journalists at his home in Rwakitura two weeks ago, the President said his major task to the new Parliament was to cause an amendment for those offences.

The law body said the right to bail is enshrined in the Constitution under article 23. The article states that bail can only be denied under exceptional circumstances.

The society is the latest group to disapprove the President‘s proposal after, human rights defenders said the proposal would violate several Constitutional provisions.

The body noted that denying bail to suspects would undermine the presumption of innocence on the part of the suspects, adding that they remain innocent until proven guilty.


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