Supreme Court’s Landmark Ruling
Uganda’s Supreme Court has ruled that military trials of civilians are unconstitutional, marking a monumental victory for human rights, according to Human Rights Watch. On January 31, 2025, the court decreed military courts lack jurisdiction over civilians and ordered the cessation of ongoing military trials, transitioning cases to civilian courts. However, the ruling did not invalidate past convictions from military courts.
Implications for Fair Trials
According to Oryem Nyeko, a senior Africa researcher at Human Rights Watch, this ruling significantly advances the right to a fair trial in Uganda. The court’s decision compels the Ugandan government to pursue justice for civilians wrongfully convicted in military trials and those still awaiting trial. For years, military courts have dealt with numerous civilians, notably political opponents, often compromising fair trial standards.
Historical Context of Military Courts
The Uganda Peoples’ Defence Forces (UPDF) Act of 2005 permits military courts to judge offenses by individuals subject to military law. These courts, presided over by military personnel without legal training, have historically violated rights, including the right against self-incrimination and to present a defense. Reports from 2011 highlighted unfair practices and torture allegations against civilians tried for alleged offenses.
Continued Use of Military Trials
Despite previous court rulings against military trials for civilians, authorities have frequently employed these courts, targeting political opposition and activists. Recently, Kizza Besigye, an opposition leader, has been tried in a military court alongside several supporters of the National Unity Platform (NUP), many of whom faced years of detention.
Legal and Political Repercussions
As reported, in October 2024, a military court sentenced 16 NUP supporters to five years in prison. The group had previously spent years in pretrial detention. Activists opposing military trials continue to face harassment. For example, lawyer Eron Kiiza received a nine-month prison sentence for contempt, following a confrontation in court over procedural issues.
Call for Accountability and Reform
Following the Supreme Court’s decision, Human Rights Watch urges Ugandan officials to rectify wrongful detentions and prosecutions from military trials. According to the organization, they must offer remedies, including possible releases and retrials that comply with fair trial standards. Investigations must also address allegations of abuses towards detainees in military custody, demanding accountability from those responsible.
According to Human Rights Watch, Uganda’s Supreme Court has declared military trials for civilians unconstitutional. The ruling mandates ongoing military trials be transferred to civilian courts. Critics note military courts have historically violated fair trial rights. The government is urged to ensure justice for those wrongfully convicted, and investigations into torture claims must be conducted.
The Supreme Court’s ruling against military trials for civilians in Uganda paves the way for enhanced judicial fairness and accountability. This landmark decision compels the Ugandan government to reassess past convictions and ensure justice for those wrongfully tried. It represents a significant move towards protecting human rights and restoring the integrity of Uganda’s legal system.
Original Source: www.hrw.org
