On January 31, 2025, Uganda’s Supreme Court ruled that military trials of civilians are unconstitutional, protecting the right to a fair trial. Officials must halt military trials and transfer cases to civilian courts. The ruling reflects a significant step towards accountability, as military courts have violated the rights of political opponents and critics.
On January 31, 2025, Uganda’s Supreme Court ruled that military trials of civilians are unconstitutional, marking a significant victory for human rights, as noted by Human Rights Watch. The Court ordered that all ongoing military trials of civilians must cease and be transferred to civilian courts, although it did not invalidate previous military convictions. This ruling underscores the importance of fair trial rights in Uganda, according to Oryem Nyeko, a senior researcher at Human Rights Watch.
For years, military courts in Uganda have conducted trials of civilians, including political opponents, often violating the right to a fair trial and constitutional freedoms. Established under the Uganda Peoples’ Defence Forces Act of 2005, these courts are presided over by military officials lacking formal legal training, allowing for severe penalties, including the death sentence. Previous investigations revealed that trials often failed to meet international standards, raising serious concerns over competence, independence, and fairness.
Despite prior rulings from Uganda’s civilian courts against military trials for civilians, the government continued these practices, particularly against political dissenters. Recent actions include the sentencing of 16 members of the opposition party, National Unity Platform, to prison after enduring lengthy pretrial detentions. A notable case involved Kizza Besigye, an opposition leader who continues to face military charges amidst broader repression of government critics.
Human Rights Watch has documented instances where lawyers opposing military trials suffer harassment and arrests. For example, Eron Kiiza, Besigye’s attorney, was sentenced to nine months without due process following a confrontation in court. Protests against military trials have also prompted police actions against activists seeking to demonstrate against these injustices, indicating a climate of repression against dissent.
The issue of military trials for civilians in Uganda has drawn significant attention from human rights organizations due to concerns about due process and the protection of civil liberties. The military courts, as established by the Uganda Peoples’ Defence Forces Act of 2005, have been frequently criticized for their lack of adherence to international standards, resulting in a pattern of unjust convictions and harsh treatment of political opponents and critics of the government. This ruling by the Supreme Court represents a crucial turning point in the fight for human rights and justice in Uganda, pointing to the necessity of adhering strictly to constitutional guarantees and international law regarding civilian rights.
The Ugandan Supreme Court’s recent ruling against military trials of civilians highlights critical progress in safeguarding the right to a fair trial and upholding human rights. The decision necessitates a reevaluation of past military court convictions and calls for effective remedies for affected civilians. Continued efforts towards accountability for abuses within military detention and a commitment to adhering to constitutional protections are vital for restoring justice and trust in Uganda’s legal system.
Original Source: www.hrw.org
