Tinyefuza, the law is clear
Feb 01, 2007
SIR — On January 25, The New Vision reported that Gen. David Tinyefuza was in support of continued detention of the PRA suspects.
SIR — On January 25, The New Vision reported that Gen. David Tinyefuza was in support of continued detention of the PRA suspects.
He is quoted
to have said: “The Constitutional Court interprets the law and makes a declaration but does not order the release of suspects... The High Court ruled that those on remand for over 180 days should automatically get bail.
But they were not on remand. Their trial had already commenced. Therefore, that position was erroneous.â€
Our law is very clear. when an accused person is remanded he or she remains on remand until released either on bail/bond, acquittal or dismissal of the case or on conviction.
Therefore, in Luzira there are only four categories of prisoners — remanded, convicted, condemned as well as lodgers. Court may grant an accused person bail even when trial of the case has commenced.
Secondly, the powers of the Constitutional Court are well defined in the Constitution.
Art.137(4) whereupon determination of the petition under Clause (3) of this article the Constitutional Court considers that there is need for redress, in addition to the declaration sought, the Constitutional Court may:
(a) grant an order of redress or
(b) refer the matter to the High Court to investigate and determine the appropriate redress.
Therefore, the Constitutional Court has/had powers to order the release of the PRA suspects. Gen. Tinyefuza, with all due respect, though I am made to understand that you hold a masters degree in Law going back to Law School for a short while would do you no harm.
Moses Lule
Kampala
He is quoted
to have said: “The Constitutional Court interprets the law and makes a declaration but does not order the release of suspects... The High Court ruled that those on remand for over 180 days should automatically get bail.
But they were not on remand. Their trial had already commenced. Therefore, that position was erroneous.â€
Our law is very clear. when an accused person is remanded he or she remains on remand until released either on bail/bond, acquittal or dismissal of the case or on conviction.
Therefore, in Luzira there are only four categories of prisoners — remanded, convicted, condemned as well as lodgers. Court may grant an accused person bail even when trial of the case has commenced.
Secondly, the powers of the Constitutional Court are well defined in the Constitution.
Art.137(4) whereupon determination of the petition under Clause (3) of this article the Constitutional Court considers that there is need for redress, in addition to the declaration sought, the Constitutional Court may:
(a) grant an order of redress or
(b) refer the matter to the High Court to investigate and determine the appropriate redress.
Therefore, the Constitutional Court has/had powers to order the release of the PRA suspects. Gen. Tinyefuza, with all due respect, though I am made to understand that you hold a masters degree in Law going back to Law School for a short while would do you no harm.
Moses Lule
Kampala