HOC/OS(x.X_XIII)/324c/II
courts to be competent to handle such cases, and to reduce death sentences to life
sentences.
According to the Constitution, petty offenders should get automatic bail after 120 days in
prison, and serious offenders (murder, robbery, defilement, treason) after 360 days.
The lack of judges — in particular as far as High Courts are concerned — accounts partly for
the very high proportion of remand cases.
Uganda has introduced community service as an alternative to custody in four pilot districts:
Masaka, Mukono, Mpigi, Masindi. 90 offenders have been sentenced since introduction of
the scheme. The mechanism will help decriminalize certain offences but magistrates and
judges are not yet well acquainted with this sentence and do not use it often
The local government prisons receive very little funding from the government, if at all and the
conditions there depend on the economic standing of the district. Situations and conditions
vary according to the district. There are more reports of abuses in these prisons, and
overcrowding is also more severe. The Constitution provides that all prisons should be under
the Uganda Prison Service (UPS), and there seem to be moves towards this.
The Nagguru remand home for juveniles is under the Ministry of Gender, Social Affairs and
Development; all the staff is therefore civilian.
Overcrowding and overstaying on remand are seen as the main problems faced by UPS.
UPS is debating on how to change the situation and has identified some means:
1) Dialogue with the government to increase the number of judges
2) Work to improve working methods
3) Law about community service order
4) Chain linked project (improved cooperation between Criminal Justice Agencies)
5) Prison farms
6) Donor co-ordination meetings every two months opened to civil society
7) Human rights committee at prison headquarters co-ordinates with Uganda Human Rights
Commission and relevant bodies to examines prisoners complaints
8) Open door policy
9) Human rights training for all staff, including training trainers
10) Industries
11) Schools for prisoners
12) Collaboration with the Central, Eastern and Southern African Heads of Correctional
Services Conference (CESCA) re. training, management, policy, conditions of service of
personnel
The Special Rapporteur would like to encourage the Government of Uganda to seize the
opportunity of the revision of Prison Bill to end this dual approach and put all institutions
under one authority, namely the UPS, as per the Constitution. Resources will have to be
made available accordingly. This important step would ensure an equal treatment of all
prisoners.
10
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