AG Seeks Chief Justice's Guidance on Implementing Decision on Military Trials

The Attorney General has written to Chief Justice Alfonse Owiny-Dollo Chigamoy seeking guidance on the implementation of the Supreme Court decision that banned the trial of Civilians in the General Court Martial.  

Addressing Parliament on Tuesday, Kiwanuka indicated that the Directorate of Public Prosecutions (DPP) will work closely with the General Court Martial and the UPDF to take over the prosecution of criminal trials identified for transfer.

Last week, the Supreme Court ruled that all charges, ongoing criminal trials, or pending trials, before the courts-martial involving civilians, must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction.  

The Court also ruled that the judgment shall have no retrospective effect on any conviction made, and sentences imposed, before the date of this judgment; save where the conviction and sentence are being challenged in a Court of law.    

But Kiwanuka said that they have also written to the Ministry of Defense and Veteran Affairs to commence consideration of the recommendations of the Supreme Court decision with a view of introducing amendments to the UPDF Act.   

The  Supreme Court recommended establishing the General Court Martial (GCM) as a division of the High Court, handling capital criminal cases involving both military officers and civilians. Magistrates within the division would handle offences falling under their jurisdiction.  

Another recommendation is to limit the functions of Unit Disciplinary Committees (UDCs) and Summary Trial Authorities (STAs) to handling strictly disciplinary offences, with no power to impose imprisonment sentences.  

The Chief Justice also proposed utilizing the existing magistracy to handle criminal cases, except disciplinary offences, committed in Uganda. Subordinate military courts would handle cases at the level of Chief Magistrate's Courts.  

Additionally, Owiny-Dollo recommended appointing civilians with professional legal qualifications to serve as judicial officers in subordinate military courts, with the advice of the Judicial Service Commission.   Other options include amending the Constitution to establish superior courts within the military court system, providing for the High Court to sit as a Court Martial, and making provisions in the UPDF Act for the trial of civilians in military courts under limited circumstances.   Furthermore, Owiny-Dollo suggests making provisions in the UPDF Act for appeals from military courts and tribunals, corresponding to appeals in ordinary courts.   

The Chief Justice emphasized that in each of the options suggested, the jurisdiction of UDCs and STAs must be limited to handling strictly disciplinary offences, with no power of detention or imprisonment, as is the case with other disciplined forces such as the Police and Prisons.      

The Attorney General Kiryowa Kiwanuka however indicates that as of now, the Court Martial cannot sit to make any decisions.   

Kiwanuka also advised the Uganda Prisons Authority to adhere to the process outlined and await further instructions regarding the detention of accused individuals who were previously facing trial in military court.

However, Kiwanuka faced criticism from the opposition Members of Parliament including Ssemuju Nganda, Jonathan Odur, Joel Ssenyonyi, Winifred Nuwagaba and Lawyer Medard Lubega Sseggona the Busiro County MP who was the lead lawyer in this case demanding for the immediate release of Civilians who have been undergoing trial in the GCM.  

In response, Kiryowa informed Sseggona that if he has facts that the Court ordered for the release of civilians, he knows where to present such facts, in courts of law).  

He also informed the MPs that if they think his advice is not right, they should extract a decree since the matter under discussion has no timeline for complying with the decision.

On Saturday, President Museveni expressed disappointment with the Supreme Court judegment, saying that it was a setback for the country’s efforts to curb crime and protect national security.