Release PRA suspects, court orders

Jan 13, 2007

THE Constitutional Court yesterday ordered the release of 14 People’s Redemption Army (PRA) suspects who were granted bail by the High Court in December 2005.

By Hillary Kiirya & Hillary Nsambu

THE Constitutional Court yesterday ordered the release of 14 People’s Redemption Army (PRA) suspects who were granted bail by the High Court in December 2005.

The court also ruled that the continuation of the trial of FDC president Col. Kizza Besigye and 22 others, while the 14 were illegally being detained, was unconstitutional.

In a majority decision of 4-1, the judges repeated their earlier ruling that the continued detention of the 14 suspects is unlawful and infringes on the independence of the Judiciary.

“The 14 petitioners who were granted bail should be released unless they are being held on any lawful offences. Each party will bare its own costs,” said Justice Galdino Okello who read out the judgment.

Besigye was present as the judgment was being read.

The court, however, declined to declare that the failure of the Director of Public Prosecution to give the petitioners adequate information in their trial was illegal.
Commenting on the judgment, David Mpanga, one of the lawyers of the PRA suspects said they got what they wanted.

“What we wanted was the freedom of the 14 suspects who continued to be detained illegally as the court ruled. I am also happy that the court has emphasised the independence of the Judiciary,” said Mpanga.

Meanwhile, three of the 14 were released by the High Court Registrar on Friday morning under the Amnesty Act. The three, who had applied for amnesty and had been found to meet the conditions, were among the 14 who had been granted bail.

Replying to earlier criticism on the continued detention of the 14 suspects, Deputy Chief of Legal Services of the UPDF, Kagoro Asingura, said UPDF never received an order from the High Court for their release.

“When the Constitutional Court made their judgment, we expected the suspects to extract an order from the High Court, demanding that they should be released. This was not done. We could not release suspects without a High Court order,” he said.

But Mpanga dismissed the claim. “That is a shameless and sad excuse. The General Court Martial is part of the Government. The Attorney General appeared on their part,” Mpanga reacted.

(adsbygoogle = window.adsbygoogle || []).push({});