What are the remedies of a pre-trial detainee?


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

Pre-trial detention

A pre-trial detainee has the right:

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.


For more informations: