The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Human Rights lawyers have proposed a number of reforms for Uganda to realize a significant decrease in pro-longed pre-trial detentions and remands so as to decongest the prisons.
Uganda’s laws provide for a maximum of 48 hrs under which the police can detain a suspect before presenting them to court or granting them police bond. However, a recent survey by the Advocate Sans Frontiers shows that Uganda 48hrs rule in still being abused.
Although generally the number of detentions without trial are said to have reduced from 49 percent in 2022 to 48 percent in 2023, over 50 percent of suspects interviewed for the study had spent more than 48hrs in police custody. Out of 59 suspects interviewed, 58 percent had been in custody for between 3 to 9 days, 31 percent had spent between 10 days to one month while 5 percent had spent between one month to 3 months in police cells.
Speaking at the dialogue on the promotion and protection of procedural rights and pre-trial detainees last week, Victoria Kirunda who represented the Director Legal and Human Rights of the Uganda Police said it isn’t realistic to apply the 48hrs rule collectively with no consideration of the nature of the case. Her argument is that suspects on terrorism, murder and other capital offences cannot be granted bond with the suspicion or knowledge that their regained freedom could antagonize the investigations or endanger the public.
To Kirunda, the rule should be applied sparingly to ensure that while the suspect is treated well, it doesn’t compromise the prosecution case. She argued that the 48hrs rule is often abused by some suspects who decline to make statements counting on release after 48hrs. She says, such suspects have only cooperated after they’ve spent more time than anticipated in the cells hence realizing that making a statement and allowing the prosecution case to proceed is the only favorable option available to them.
The justification of the illegal pre-trial detentions has grown since the reign of Rt Gen Kale Kayihura as Inspector General of Police. But Ruth Sekindi, the Director Monitoring and Inspection at the Uganda Human Rights Commission -UHRC says the Police’s justification of the violations of the abuse of the law is wrong. Dr Sekindi rather proposed that if the police thinks the rule can’t be applied as is, then government should amend the law to allow for categorization of the different suspected criminals and decide on who is or isn’t considered for a free bond service.
Relatedly, Dr. Sylvia Namubiru Musoke, the Executive Director of Legal Aid Service Provider’s Network -LASPNET observed that the police are defensive of the inadequacies of their service rather than embracing of the positive criticism so as to forge a way forward.
She noted the lack of admission of the sorrow state in which the police cells are in- dirty, poorly maintained and over crowded, detention beyond 48hrs, issuing bail at a fee despite the laws stating that it is free, arrest without establishing a Prema facie case to determine whether the case is prosecutable or not among others should be accepted as challenges and a remedy found.
Congestion in prisons
According to ACP Leni Ndori, the regional police commander Greater West Nile the prisons population by 28 September 2023 the prisons were accommodating 36436 suspects on remand and 39105 convicts. This puts the general population at over 70,000 which is more than tipple the normal capacity of 20,996. Ndori said the high number of remands exacerbates the challenge of crowing and insecurity in the prisons.
Ruth Sekindi said government and the judiciary. specifically, should ensure there are enough prosecutors, the laws are reviewed. to eliminate senseless colonial provisions that lead to avoidable arrests, facilitate the police to conduct better investigations, and most importantly. that alternative penalty rather than imprisonment is preferred more so for petty offenders. She proposed be sentenced to community service such as cleaning the city. She also
Between 2020 and 2023, ASF and LASPNET implemented a project titled; safeguarding procedural and constitutional rights of pre-trial detainees in Uganda. It was implemented in districts of Kampala, Wakiso, Gulu, Arua Lamwo, Hoima, Kitgum, and Masindi.
According to Dr Irene Anying, the country director of ASF, the project 25 advocates and 31 paralegals trained to monitor and support pre-trial detainees and 11,022 procedural violations reported by the paralegals and lawyers. She said prolonged pre-trial detention affects the speedy, fair and timely delivery of justice, at the disadvantage of all parties including the state that accommodate the suspects.
****
URN
