The Ugandan Constitution states that a person unlawfully arrested, restricted or detained shall be entitled to compensation from the person or authority responsible. Any person or organisation may bring an action against the violation of a human right or a right guaranteed under the Ugandan Constitution and apply for redress.
Warrant of arrest
- Any irregularity – in the substance or form of a warrant – shall not affect the validity of any proceedings of the case; unless the irregularity appears to deceive or misled the accused the court may – at the request of the accused – adjourn the hearing of the case and remand or admit the accused to bail.
- The statement of the offence shall respect the rules for framing of charges. A charge may be open – to objection in respect of its form or content – if it is not framed in accordance with the specific provisions stated by law.
- The person executing a warrant of arrest shall notify the substance of the warrant to the person suspected (and show the warrant if requested); and then shall bring that person before the court required without unnecessary delay.
Pre-trial detention
A pre-trial detainee has the right:
- to use an order of habeas corpus to report an unlawful detention before a court;
- to complain of detention conditions to courts.
In Opio Mark v Attorney General, the plaintiff was awarded damages for detention in a police cell for 11 days without being produced in court. In Martin Edeku v Attorney General, the plaintiff was award damages for detention beyond 48 hours and torture while in detention.
Release on bail
A magistrate’s court may release a person on bail – except in the case of an offence specified in section 75 sub.2 of the Magistrates courts act. Where bail is not granted, the court shall record the reasons and inform the applicant of the right to apply for bail to a chief magistrate or to the High Court, depending on the circumstances of the case.
- to whom bail has been refused by a lower court, a chief magistrate – within the area of jurisdiction – may direct that:
- a person be released on bail;
- the amount required on a bail bond be reduced.
- to whom bail has been refused by the magistrate’s court, the High Court may direct that:
- a person be released on bail;
- the amount required for any bail bond be reduced.
Legislation:
- Section 23 subsection 7 of the Constitution
- Section 23 subsection 9 of the Constitution
- Section 50 of the Constitution
- Section 61 of the Magistrates court act
- Section 64 of the Magistrates court act
- Section 75 of the Magistrates courts act
- Section 77 of the Magistrates courts act
- Section 88 of the Magistrates court act
- High Court of Uganda, HCCS 93A/89
- High Court of Uganda, Civil Suit No. 611 of 2006
For more informations:
- Karugonjo-Segawa (R.), Pre-trial Detention in Uganda, 2016, p.15