{"id":13748,"date":"2025-02-01T15:16:33","date_gmt":"2025-02-01T15:16:33","guid":{"rendered":"https:\/\/ugandaupdatenews.com\/?p=13748"},"modified":"2025-02-01T15:16:33","modified_gmt":"2025-02-01T15:16:33","slug":"uganda-supreme-court-bans-military-trials-of-civilians","status":"publish","type":"post","link":"https:\/\/prowebinhost.com\/anzu\/uganda-supreme-court-bans-military-trials-of-civilians\/","title":{"rendered":"Uganda: Supreme Court Bans Military Trials of Civilians"},"content":{"rendered":"\n

Immediately Halt Ongoing Trials of Civilians; Review Past Convictions<\/p>\n\n\n\n

<\/a>Uganda<\/a>\u2019s Supreme Court ruling declaring military trials of civilians unconstitutional. in a landmark decision the court further ruled that in its current formation , the General Court Martial and other military units should not hear criminal cases that carry custodial senstences because they cannot render unbiased fair hearings .<\/p>\n\n\n\n

Supreme Court\u00a0held<\/a>\u00a0that military courts lack jurisdiction to try civilians and ordered officials to halt all ongoing military trials of civilians and transfer them to the country\u2019s civilian court system, but stopped short of declaring past convictions under the military courts void.<\/p>\n\n\n\n

For years, military courts have tried hundreds of civilians, including political actors . The trials have often fallen short of domestic and international standards, violating the right to a fair trial and freedoms guaranteed by Uganda\u2019s constitution.<\/p>\n\n\n\n

The 2005 Uganda Peoples\u2019 Defence Forces (UPDF) Act<\/a> establishes military courts to try offenses committed by people \u201csubject to military law.\u201d Military officials, who are not required to have legal qualifications, are appointed by a military leadership committee to administer these courts. Under the UPDF Act, the court may sentence a person to death.<\/p>\n\n\n\n

Ordinary Ugandan courts have on several occasions ruled against the trial of civilians by court martial, including in 2021, when the\u00a0Constitutional Court ruling<\/a>\u00a0found the provisions of the UPDF Act that allow for military trials of civilians unconstitutional.<\/p>\n\n\n\n

On outlawing the trial of civilians in Army disciplinary tribunals, the Court ruled that the Unit Summary Trial Authority (STA) and the Unit Disciplinary Committee (UDC) are respectively lawfully established under the law; however, they operate under inconsistent provisions which were established in violation of the Constitution.<\/p>\n\n\n\n

\u201cThe provisions of s.179 (1) & (2) (now 177(1) & (2)) of the UPDF Act, read together with sec 197 (2) (now s.195 (2)), which grant the Subordinate military courts jurisdiction over capital offences, contravene Art. 129(1) (d) and Art. 126(1) of the Constitution; hence they are unconstitutional.\u201d<\/p>\n\n\n\n

The Court also ruled that the provision of section 191(3) (a) (now s.189 (3) (a), and s.195 (3) & (4) (now 193) (3) & (4)) read together with s.179 (now s.177) of the UPDF Act, which grant the STA and the UDC the exercise of judicial power of detention and imprisonment of any person tried by them, contravene Arts. 23, 126(1), and 129 (1)(d) of the Constitution; hence, they are unconstitutional.<\/p>\n\n\n\n

The provision of s.119(1) (g) (now s. 117 (1) (g)) which tries, in the court martial, civilians who have allegedly aided and abetted the commission of a service offence, or ordinary criminal offence, in which a person subject to military law is a principal offender, was also declared unconstitutional.<\/p>\n\n\n\n

This provision has been the major reason why many civilians have been charged before the General Court Martial.<\/p>\n\n\n\n

Orders<\/p>\n\n\n\n

The Court ordered that:<\/p>\n\n\n\n