ULS, UPDF human rights officer clash over trial of civilians in army court

Summary:

• The Uganda Law Society and UPDF’s human rights officer clashed over civilian trials in military courts, highlighted in the 28th quarterly rule of law report. ULS condemns the trials, citing violations of domestic and international law, while UPDF maintains its stance on discipline and human rights. The matter is under appeal in the supreme court, with calls for expedited action to clarify jurisdiction and uphold fair trial principles.

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The Uganda Law Society (ULS) and a Uganda Peoples Defense Forces (UPDF) human rights officer, Colonel Deo Karikona, clashed over trial of civilians in army courts during the launch of the 28th 2024 quarterly rule of law report recently.

The report which was launched on April 19 at Fairway Hotel highlighted ongoing trial of civilians in military courts which ULS condemned as a violation of both domestic and international law.

“The jurisdiction of the general court martial has been brought into question during this review period regarding the trial of civilians, especially opposition supporters. There exists an international consensus that trials of civilians by military tribunals contravene the non-derogable right to a fair trial by a competent, independent and impartial court to the extent that they violate rights guaranteed by the Universal Declaration of Human Rights (UDHR), 1948 and the international Covenant on Civil and Political Rights (ICCPR), 1976 and the African Commission on Human and Peoples’ Rights (ACHPR) are unanimous on the preposition that military tribunals lack authority to civilians,” the report reads.

Further, according to the report, in 1985, the General Assembly agreed on some basic rules about the independence of the courts. One of them says that everyone should have the right to be judged in regular courts or tribunals that follow proper legal procedures.

It also says that people shouldn’t make new tribunals that don’t follow these rules just to take over the job of the regular courts.

Citing the case of Rtd Cpt Amon Byarugaba and Ors Vs AG, Constitutional Petition No.0044 of 2015, the report showed that the constitutional court held that the Military Courts have no jurisdiction to try civilians.

As a result of the above case, court noted that military courts trying civilians for crimes is against the constitution because the way trials happen in military courts doesn’t give the accused civilians the fair treatment they should get.

This means that the rights promised in the 1995 constitution for a fair trial are not being followed in military courts, which is not allowed by the constitution.

“It is on this ground that ULS demands that the general court martial cease trying civilians, the supreme court should expeditiously hear this case and deliver a ruling as it holds significant implications of human rights and will set a landmark precedent,” ULS stated in the report.

However, Colonel Karikona denied the allegations, saying issues to do with discipline, human rights are some of the fundamental values that the army stands for and has therefore not changed its mandates.

“We did not go to the general court martial; we did not take it to another court, we did not get guns as it should have been in the past when we had that kind of decision. The right platform and forum is the supreme court. Let us be tolerant, let us avoid emotions in this matter however compelling it could be,” Karikona explained.

Karikona emphasized the importance of respecting the rule of law and expressed confidence in the Supreme Court’s ability to handle the matter. He assured that security is ensured and reiterated that they will abide by the court’s decision once it’s pronounced.

Karikona assured UPDF’s abidance to the supreme court ruling asking the Uganda law society to remain tolerant of the situation.

Aware that the issue is under appeal in the supreme court, ULS president Bernard Oundo urged for expedited action to establish the proper course of action.

“Army courts were meant to discipline UPDF members not civilians. We are aware that that matter has been appealed to the supreme court, so now us as ULS we are appealing to the supreme court to rush that decision which should lay the foundation for what should be done,” Oundo stressed.

Uganda, along with several other African nations, faces scrutiny from the African Commission on Human and People’s Rights for conducting civilian trials within the military framework under the UPDF Act.

The Commission stresses the importance of ensuring that military courts adhere to the principles of a fair trial, emphasizing that they should uphold standards of fairness, transparency, justice, independence, and due process equivalent to those of civilian courts.

Within Uganda, legal debates persist regarding the jurisdiction of the General Court Martial over civilians, as well as the independence and impartiality of courts-martial as outlined in Article 28(1) of the Constitution.

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