Law Society demands data on civilians convicted by court martial after Supreme Court ruling

Kampala, (UG):- The Uganda Law Society (ULS) has asked the Uganda Prisons Service to provide comprehensive data on all civilians currently on remand and those convicted by military courts following a landmark Supreme Court ruling that declared it unconstitutional to try civilians in the court martial.

In a letter addressed to the Commissioner General of Prisons, Dr Johnson Byabashaija, the Law Society emphasized the urgency of the matter following the landmark ruling delivered on Friday by Chief Justice Alphonse Owiny Dollo which upheld the decision of the Constitutional Court and ordered an immediate halt to all ongoing cases involving civilians in the General Court Martial.

Through its Acting Chief Executive Officer Ms. Christine Awori, ULS expressed concern over the status of individuals who have been subjected to military court jurisdiction despite the court’s decision.

The legal body is therefore seeking detailed information on all civilians who have been tried, convicted, or remain on remand under military court orders, including their names, the nature of the charges against them, and their current legal status, whether they are on remand or serving sentences.

Ms Awori highlighted its mandate under the Uganda Law Society Act to protect legal rights and ensure justice and urged Dr Byabashaija to release the requested information without delay, stressing that this data is crucial in ensuring the full implementation of the Supreme Court’s ruling and securing the immediate release of those unlawfully prosecuted under military jurisdiction.

“To facilitate this process, we kindly request the Uganda Prisons Service to provide ULS with up-to-date and comprehensive data on remand and convicted prisoners under military court jurisdiction,” Ms Awori wrote.

Specifically, the ULS is seeking detailed demographics and any relevant information, including
Names of all remanded and convicted prisoners in every prison in Uganda currently under;
a) military court jurisdiction,
b) Nature of offences for which each affected individual has been or is being trieth
c) Legal status breakdown, detailing the number of individuals who are on remand versus those who are serving sentences, along with any information on the duration of such remands or sentences.

“We request that this data be made available at your earliest convenience to ensure that the ULS can respond effectively and in a timely manner,” Ms Awori wrote.

The case that led to this ruling, Attorney General v Hon. Michael Kabaziguruka (Constitutional Appeal No. 2 of 2021), was filed by former Nakawa East Member of Parliament Michael Kabaziguruka (FDC), who challenged the legality of his prosecution by the General Court Martial on treason charges.

With the Supreme Court having conclusively ruled on the matter, ULS remains committed to ensuring that affected individuals are identified and granted the necessary legal support.

The Uganda Prisons Service was yet to formally respond to the request from ULS at the time this story was filed and published by DailyExpress.