Leading constitutional and human rights lawyers have launched scathing attacks on the Judiciary and the Chief Justice, Hon. Alfonse Chigamoy Owiny–Dollo, as they demand the rule of law and constitutionalism.
Dr.Busingye Kabumba, Dr. Adrian Juuko, and George Musisi say the Judiciary, and particularly the Chief Justice, Owiny–Dollo has been salient amidst what they termed as judicial impunity.
Their anger stems from the way the courts have handled cases related to the arrest, remand, and bail applications for the youth arrested during the anti-corruption peaceful demonstrations in Kampala.
The lawyers join the public chorus that the judiciary of Uganda has turned anaccomplice with the state authorities in serious violations against human rights.
The Saturday Monitor over the weekend published a screaming headline saying titled “Judiciary On Trial”. Saturday Monitor criticized the courts for entertaining defective charge sheets, demanding stringent bail conditions, and accused the judiciary of silent dissent instead of upholding the rule of law and constitutionalism.
The Judiciary later stated in response that its role is not to descend into the arena of disputes but rather wait for the matters that are filed before the courts for determination.
“The criminal justice system involves, among others reading charges to the accused, consideration of bail which may or not be granted.
These are judicial processes that are handled with judicial discretion,” read part of the statement as the Judiciary promised to follow due process in line with the law
However, constitutional lawyer and lecturer at the Makerere Law School, Dr. Busingye Kabumba rubbished the Judiciary’s statement as went on to state that the courts have become transitional centers to transfer suspects arrested from the streets to prison.
“You know once the police officer and the DPP say this person is accused of being a common nuisance, it’s the judge’s or the magistrate’s role simply to process your papers and you are sent to prison.
Is there no role for the judiciary in that instance?” asked Kabumba. Kabumba was one of the speakers at X Spaces formerly known as the Twitter debate where the issue of Judiciary independence was discussed
Busingye insists that what Uganda has now is the judiciary is on trial. “A judiciary that stands exposed, with chief justice who is silent, basically a third arm of government that is not acting in the way it is supposed to be”
Dr. Busingye Kabumba and the Uganda Law Society President, Bernard Oundo have been part of the protracted struggle to secure bail for the peaceful demonstrators who demanded the resignation of the Speaker of Parliament Annet Anita Among.
The two lawyers and others have criticized the courts for stringent measures for bail applicants and their sureties.
Some of those measures have ensured that the suspects remained on remand even when they were entitled to bail.
The Law Society President, Bernard Oundo has stated that bail is not designed as an income generating to which bail applications are made. Oundo restated a ruling by Justice Rosette Comfort Kania,
“What is pertinent about sureties is that there must be an indication that they have been advised of their roles as sureties, that they have identified themselves properly, and have proved and shown their authoritative relationship in respect to the applicant. Showing that they are able to exercise their authority and command the appearance of the applicant in court when needed”
Human Rights lawyer, George Musisi, also Managing Partner, PACE Advocates openly criticized the courts on the way they have handled bail applications. He says the impunity in the judiciary has been going on because some voices keep quiet.
He said while there is no political case unit taught at law Schools, the courts in Uganda have invented what he describes as a political case. “You find that those cases which are deemed political are hot potatoes to touch. It becomes even harder to handle these cases”
Musisi said he has witnessed some judicial officers demanding what he described as extralegal l requirements during bail applications yet they are not anchored anywhere in the law.
“You reach a court and a judicial office tells you our practice here is this. When the practice is not anchored in the law,’ he said.
The most recent of such incidents was on Tuesday when the Magistrate Aljab Musinguzi a resident of Nakawa Division because the introduction letter from the LC1 Chairperson was different from his area of residence. However, the sureties for the applicants had been identified.
Dr. Kambumba Busingye says under Article 23(6) of the constitution, there is a right to apply for bail and that the law provides that one can be released under the conditions that the court sets.
“But does not take away from the fundamental premise that every accused person has a fundamental right to bail. Which is routed from the presumption of innocence. You are presumed innocent until proven guilty.
You are presumed innocent until proven guilty or until you plead guilty. What is happening in Uganda is that the judiciary seems to be applying the presumption of guilt. Even from the moment of the arrest, there seems to be a general presumption within the judiciary that you are presumed guilty. Once you are charged and the charges are sanctioned, it is even worse,” he said.
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