Article 23 (4) of the Constitution of Uganda grants suspects under detention a right to be brought before the courts of law not later than 48 hours after arrest.
However, the baseline survey carried out by Avocats Sans Frontières in partnership with Legal Aid Service Providers Network (LASPNET) funded by the Austrian Development Cooperation has shown that majority of Ugandans detained in Police cell regardless of their cases spend almost two to three months in detention without being taken to the court.
While presenting the results of the survey on Thursday at Sheraton Hotel Kampala, Rashid Bunya, the project coordinator at Avocats Sans Frontières revealed that in most cases the 48-hour rule is not complied with, therefore about 58 per cent of those interviewed have been in custody for a period between 3-9 days, 31 per cent spend between 10 days and 1 month in a police cell while 5 per cent spend even up to 3 months without being produced before courts of law for trial.
On whether the suspects were aware of their right to the Police Bond, 63 per cent were not aware of their right to apply for the Police bond.
The report also shows that in prisons, only 253 of the 613 inmates who were interviewed (42 per cent) had spent less than 6 months on remand. The rest with the biggest majority spent over 6 months. 22 per cent have spent between 6 months to one year on remand. Unlike at police, majority of inmates, (64 per cent) knew about their right to apply for bail.
However, owing to their limited level of education, and for most, their level of income, many are unable to hire the services of a private lawyer. The situation is even more complex for refugees in prison with no known relatives in the country to visit them or aware that they are in detention.
According to the report most of the inmates yearn for legal representation and counselling fellows. Out of the 613 inmates interviewed, only 33 were able to hire the services of the private lawyer with the biggest majority not having access.
Regardless of long detentions without trial, the report also revealed that torture in detentions, both at police and in prisons, is still a major challenge encountered in detention. At police, majority of suspects, testified or experienced at least one incident of torture during their detention.
Data indicates that the percentage of those who had experienced or witnessed acts of torture within prisons is even higher at 71per cent. The report pins that main perpetrators are said to be fellow inmates called ‘Katikiros’ who contribute almost 77 per cent of the incidences and prison warders at 33 per cent.
Speaking during the unveiling of the results, Mariam Wangadya, Chairperson of the Uganda Human Rights Commission highlighted that lack of or inadequate education, unemployment and underemployment are also part of the challenges which may lead to over detention of suspects.
She added that the knowledge about the right to bail and police bond has not translated into access to justice for those in police detention and on remand, noting that. “Because without services of a lawyer or legal aid, most of times suspects are not aware of the process on how to apply for police bond. While for those on remand, lack of legal representation means that they cannot fulfil all necessary formalities and pursue cause listing their cases even for a bail hearing thereby overstaying in detention.” She added “Overstaying in detention at times may compels innocent pre-trial detainees to make false confessions especially through plea bargaining so as to get much-needed relief.”
The Country director of ASF Uganda, Ms. Irene Winnie highlighted standards of arrest and treatment of pretrial detainees as one of the challenges that lead to deviations from legal standards.
She said the purpose of the survey was to establish the number of pretrial detainees, the grounds for their detention, their time in detention and most importantly, their legal needs, which helped to inform the design of legal aid services under the project.
“So, I hope together that we can find lasting solutions to the challenges that the report highlights but also that we can build lasting partnerships to address them. I think the representatives here are well placed and we are all in a position to join our hands together and work on these challenges so that we improve our justice system,” she said.
Meanwhile, the report recommended Uganda Police Force to appoint more human rights officers countrywide and strengthen their capacity to monitor and promote adherence to the 48-hour rule and other human rights standards.
Also, to ensure continued capacity building of both Human Rights Officers and other police officers to keep up with the current procedural and human rights standards relating to investigation and in crime prevention.
To Uganda Prisons Service, to initiate investigations into alleged torture occurrences within prisons to curb impunity and ensure implementation of the Prevention and Prohibition of Torture Act, (PPTA) 2012. 3. Provide guidelines on S.15 of the Human Rights Enforcement Act on un conditional release of prisoners who are unreasonably being detained in prison.
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