Stick to the law, army court told

Jul 18, 2013

The General Court Martial should be sensitized on the usage of the law, the Supreme Court Judge Justice Esther Kyisakye has advised.

By Petride Mudoola
 
The General Court Martial should be sensitized on the usage of the law if Government is to ensure proper dispensation of justice, the Supreme Court Judge Justice Esther Kyisakye has advised.
 
Kyisakye was responding to the inmate’s memorandum following claims from suspects appearing before the General Court martial that they are sent on long remand periods contrary to the 14 days stipulated by the constitution.
 
“Some of us were sent on further remand for more than 14 days. Is it in order for suspects tried by civilian courts to serve a remand of 14 days while those appearing before the Court Martial are remanded more than 14 days, the inmates questioned?”
 
In the same function for induction of the newly appointed judges held at Kigo Prisons, the Appeal Court Judge Justice Kennedy Kakuru cited a case where the Chairman of the General Court Martial sent a suspect on remand of three month prompting him to intervene.
 
The Officer in Charge of Kigo Prisons Moses Sentalo pointed out over stay on remand has led to congestion in prisons forcing some prisoners to plead guilty to offences they did not commit so that they discharged.
 
Kyisakye observed that, “There is temptation among prisoners to plead guilty so that they escape prison. You should not plead guilty if you did not commit, permit Judiciary to try you so that you get the opportunity to defend your selves,” she advised inmates.
 
“You are in prison because you were accused of having committed crimes but you are assumed to be innocent until proven guilty. Accept to be put on defense so that you are fairly tried and found innocent incase you are innocent or guilty if you are indeed guilty,” Kyisakye advised.
 
The Judge assured prisoners that the newly appointed judges will help to sort out cases hence minimize congestion in prisons.
 
Uganda Prison Services stands a congestion rate of 250% although the United Nations standard is at 3.6 square meters per prisoner, in Uganda its 1.5 square meters per prisoner, according to the Commissioner General of prisons Dr Johnson Byabashaija.
 
Within its 224 prison units, Uganda’s prisons accommodate 37,000 inmates of which 52% of them are still on remand awaiting trial while only 48% are convicts.
 

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