On 15th June 2020, the High Court of Uganda issued its decision in the case of Human Rights Awareness and Promotion Forum (HRAPF) Vs. Attorney General and The Commissioner General of Prisons, High Court Miscellaneous Cause No. 81 of 2020. The ruling was signed by Justice Michael Elubu of the High Court Civil Division on 5th June 2020.
The Court declared that denial of 19 persons detained during the COVID-19 lockdown access to their lawyers was a violation of their rights to a fair hearing and liberty. The Court also awarded damages of UGX 5,000,000 to each of the Accused Persons. The 19 youths were part of a group of 23 people arrested from a homeless shelter in Kyengera, Wakiso District on 29th March 2020.
They were charged with ‘doing a negligent act likely to spread infection of disease' contrary to section 171 of the Penal Court Act, before the Chief Magistrates Court of Mpigi at Nsangi. They were then remanded to Kitalya Prison on 31st March 2020.
Attempts by HRAPF's legal aid lawyers to access them for purposes of preparing their bail applications were denied by the Prisons authorities both physically and in writing. In a letter dated 22nd April 2020 and signed on behalf of the Commissioner-General of Prisons, the reason for the denial of access was stated as the ‘current COVID-19 pandemic' and HRAPF was advised to ‘be patient until the situation improves.' CLICK HERE FOR MORE ON THIS NOTICE