DOC/OS(X_\ \ Ill) /324c/II Another detained in isolation at Luzira Upper prison had spent 8 years on remand, which raises the issue of political prisoners in Uganda. In Masindi prison, the longest remand case dated from 1993. 78% of prisoners were on remand. Prisoners complained that no compensation was given when they were released after many years on remand. There are several factors which added one to the other account for this situation: Magistrates and Judges are too few to handle all the cases and committals to High Court in particular: there are 31 judges only and seven High courts in the whole country, with two judges each. In Tororo, the judge died and was not replaced. Suspects are therefore not tried; consequently, they are not brought to the prison, and rather kept in police stations. The minimum delay for a High Court trial is said to be two years. The High Court covering the districts of Masindi, Hoima and Kibale (Midwest region) sat twice in 2001. Each session had to examine 30 to 40 cases. In Mbale district, the High Court sat thrice in 2001, and examined about 30 cases during each sessions. Moreover, the infrastructure is often inadequate. Lawyers are too few and not equally spread across the country: most are in Kampala and around. Since legal assistance is compulsory for capital offences and life offences, this creates further delays. Legal assistance is also defective for appeal procedures. The lack of transport hampers the due presentation of prisoners to court. Sometimes, prisoners have to walk to court, publicly (for instance, those from Kakiika prison and Tororo prison farm have to walk for 3 miles). At Mpigi local prison, prisoners walk to court handcuffed two by two, and tied together with ropes to Masaka. In Masindi prison, prisoners said they were not taken to court even if they were called by magistrate. • Prisoners in Masindi explained that complainants did not show-up at courts and that prisoners are therefore kept on remand. Prisoners in Luzira remand also said that even when there was no complainant, they would be kept in prison if they were not ready to pay. The bail system appears not to function well. Bail is mandatory after 120 days detention, "in the case of an offence which is triable by the High Court as well as by a subordinate court" (Constitution, art. 23 (6) (b)) or after 360 days "in the case of an offence which is triable only by the High Court" (Constitution, art. 23 (6) (c)) but this rule is not applied either. Those who should be released on bail are either not allowed to go to court to be bailed, or do not have the surety to guarantee their bail. They also said that when the complainant withdrew the case, they would not be released. Corruption within the system is an aggravating factor. Prisoners in Mbale said that they were taken to district court every 14 days, but were not presented to the judge: they remained in cells and warders represented them. Only those who had money (100.000 Ush) were taken to court. They also said they had to pay for bail. They added that they were convicted on the mere basis of witness testimonies, without further evidence. It was a frequent practice for the State attorneys to be bribed by complainants (Kakiika), that without bribing the magistrates and prosecutors, no bail could be obtained or that prisoners would never be put on court role (Luzira maximum; Mpigi local prison). It was also heard on several occasions that whatever the offence, one could be released if he/she was ready to pay. Arrest and imprisonment appeared to take place sometimes, without sufficient grounds or evidence. Prisoners in Masaka said they could be arrested on unfounded denunciation, and remain several years in prisons, for which they 34

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents