They say Owiny-Dollo should speak out about the use of defective charge sheets, stringent bail conditions, the arrest, and remand of peaceful protestors.
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”. It 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 and stated
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
. ////Cue In “So you have a press…..
Cue Out … the things you have done”///
He said judicial independence and immunity while important; they do not
mean or include judicial impunity.
/////Cue In “And the Supreme Court…..
Cue Out …does not mean judicial impunity “///
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.
///Cue In “The issue
of sureties….
Cue out … Which
parts do you believe? ”///
The most recent of
such incidents was on Tuesday when the Magistrate denied bail to 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 that under Article 23(6) of the constitution, there is a right to apply for bail, and 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.
He said there are so many constraints that the judicial officers are pacing t
the right to liberty. “The idea that your surety must be a substantial person.
What is this? It is steeped in colonialism. Who is a substantial person? The idea
is that you must bring a letter of introduction from your employer. What if I am
self-employed but the accused person is my son or daughter? It is steeped in the colonial mindset” said Busingye.
Standout and Be
Counted, Owiny-Dollo Challenged
Busingye is challenging the Chief Justice, Alfonse
Chigamoy Owiny-Dollo, or his Deputy, Richard Buteera to come out and speak for judicial independence.
“It does not mean that even in a dictatorship, the judiciaries cannot
speak. And cannot struggle, and cannot fight. For God’s sake during the Amin
period, we had judges and magistrates who stood out for what was right. In September,
this Judiciary is going to have Ben Kiwanuka memorial… but what did Ben
Kiwanuka do? Ben Kiwanuka stood up and sacrificed with his own life to preserve the ideals
of constitutionalism”
“The Chief Justice cannot be
silent when such grave violations of human rights, constitutional liberties,
and the constitution itself are going on. We have been asking since last week.
Where is the Chief Justice?” he asked.
