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
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