Wrong to arrest 14
Nov 18, 2005
THE Chief Justice has condemned the deployment of 30 Joint Anti-Terrorism Unit soldiers around the High Court on Wednesday. They were planning to re-arrest 14 PRA suspects who had just been released on bail.
THE Chief Justice has condemned the deployment of 30 Joint Anti-Terrorism Unit soldiers around the High Court on Wednesday. They were planning to re-arrest 14 PRA suspects who had just been released on bail.
Yesterday the suspects were taken directly from Luzira to the Court Martial. The UPDF wants to try them in the Court Martial since civilians caught with guns can be tried by the Court Martial under the Trial of Civilians Regulations 1996, as happened during Operation Wembley.
The army say that 100 ADF suspects fled after getting bail. They do not want the same thing to happen again.
That is a legitimate point of view but re-arresting them is not the solution. Re-arresting the 14 bailed PRA suspects subjects them to ‘double jeopardy’. They will be on trial simultaneously in both the High Court and the Court Martial. Globally this is considered to be contrary to the principle of ‘natural justice’.
The PRA suspects have been remanded since 2003 yet the constitution does not allow treason suspects to be held without bail for longer than 360 days. Legally they have to be released.
The army should instead request the High Court to set terms for bail that they are comfortable with.
For instance, the 14 could be requested to report every day to the High Court so that the security services could track their whereabouts.
It can be very damaging to Uganda’s political credibility if the Court Martial starts trying these 14 individuals before the case in the High Court was concluded. This would undermine the authority of the judiciary, respect for the constitution, and political confidence both at home and abroad.
Ends
Yesterday the suspects were taken directly from Luzira to the Court Martial. The UPDF wants to try them in the Court Martial since civilians caught with guns can be tried by the Court Martial under the Trial of Civilians Regulations 1996, as happened during Operation Wembley.
The army say that 100 ADF suspects fled after getting bail. They do not want the same thing to happen again.
That is a legitimate point of view but re-arresting them is not the solution. Re-arresting the 14 bailed PRA suspects subjects them to ‘double jeopardy’. They will be on trial simultaneously in both the High Court and the Court Martial. Globally this is considered to be contrary to the principle of ‘natural justice’.
The PRA suspects have been remanded since 2003 yet the constitution does not allow treason suspects to be held without bail for longer than 360 days. Legally they have to be released.
The army should instead request the High Court to set terms for bail that they are comfortable with.
For instance, the 14 could be requested to report every day to the High Court so that the security services could track their whereabouts.
It can be very damaging to Uganda’s political credibility if the Court Martial starts trying these 14 individuals before the case in the High Court was concluded. This would undermine the authority of the judiciary, respect for the constitution, and political confidence both at home and abroad.
Ends