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OHCHR Uganda condemns interference with independence of judiciary
06 March 2007
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6 March 2007
The United Nations Office of the High Commissioner for Human Rights in Uganda (OHCHR Uganda) is deeply concerned by the intrusion of armed police personnel and disregard for judicial independence and order at the High Court on 1 March 2007 in Kampala, which led to a decision by the judiciary to suspend all court activities nationwide. OHCHR Uganda urges the Government of Uganda to fully respect and observe the independence of the judiciary, one of the core principles of the rule of law guaranteed in the Constitution of the Republic of Uganda, and to respect its obligations under relevant international human rights norms.
Reports indicate that following the adjournment of the bail application by the High Court of alleged members of the People’s Redemption Army (PRA), armed men in police uniform surrounded the Registry, prevented those released on bail from leaving the Court and proceeded to re-arrest them. It is reported that some of the defendants, a journalist and one counsel, who subsequently required medical treatment, were mistreated during the incident. Previously, on 16 November 2005, a group of armed security operatives reportedly belonging to a specialized anti-terrorist unit had invaded High Court during proceedings related to the same case, also in an attempt to intimidate and threaten judges and lawyers, and to disrupt judicial proceedings.
In protest of this blatant interference with the independence of the administration of justice by the executive branch of the Government, the judiciary has suspended all court activities in the country since 2 March 2007.
OHCHR Uganda recalls that the Article 128 (1) and (2) of the Constitution of the Republic of Uganda guarantees the independence of the judiciary and affirms that the judiciary is not subject to the control or direction of any person or authority. The International Covenant on Civil and Political Rights (ICCPR), to which Uganda is a State party, guarantees the principles of equality before the law, of the presumption of innocence until found guilty and of the right to a fair and public hearing by a competent, independent and impartial tribunal established by law.
OHCHR Uganda therefore:
(1) Unequivocally condemns the interference by armed security forces with the independence of the Judiciary, contrary to the Constitution and international human rights principles, which undermines the rule of law and administration of justice in Uganda;
(2) Reaffirms that an independent judiciary is key to upholding the rule of law in a democratic and free society;
UN OHCHR Uganda, Kampala Headquarters, 12A Baskerville Avenue - Kololo
P.O. Box 7184 Kampala, Uganda
Tel: +256 41 236272, Fax: +256 41 346 130, www.ohchr.org
(3) Urges the relevant Government authorities to take all necessary measures to prevent any further interference with the independence of the judiciary, especially judges and lawyers, so that the judiciary is able to resume its full functions at the earliest possible;.
(4) Calls upon the Government to respect judicial decisions taken by the judiciary in accordance with domestic and international norms pertaining to the requirements of a fair trial;
(5) Calls upon the Government of Uganda to ensure that all individuals responsible for the violations of human rights and national law by undermining the independence of the judiciary be held fully accountable by relevant courts of law; and in this connection,
(6) Welcomes the announcement by His Excellency President Museveni that an investigation into the incident is to be undertaken and calls on the results of the investigation to be made public without delay.
For further information, please contact OHCHR Uganda on telephone (256-414) 236272.
The United Nations Office of the High Commissioner for Human Rights in Uganda (OHCHR Uganda) is deeply concerned by the intrusion of armed police personnel and disregard for judicial independence and order at the High Court on 1 March 2007 in Kampala, which led to a decision by the judiciary to suspend all court activities nationwide. OHCHR Uganda urges the Government of Uganda to fully respect and observe the independence of the judiciary, one of the core principles of the rule of law guaranteed in the Constitution of the Republic of Uganda, and to respect its obligations under relevant international human rights norms.
Reports indicate that following the adjournment of the bail application by the High Court of alleged members of the People’s Redemption Army (PRA), armed men in police uniform surrounded the Registry, prevented those released on bail from leaving the Court and proceeded to re-arrest them. It is reported that some of the defendants, a journalist and one counsel, who subsequently required medical treatment, were mistreated during the incident. Previously, on 16 November 2005, a group of armed security operatives reportedly belonging to a specialized anti-terrorist unit had invaded High Court during proceedings related to the same case, also in an attempt to intimidate and threaten judges and lawyers, and to disrupt judicial proceedings.
In protest of this blatant interference with the independence of the administration of justice by the executive branch of the Government, the judiciary has suspended all court activities in the country since 2 March 2007.
OHCHR Uganda recalls that the Article 128 (1) and (2) of the Constitution of the Republic of Uganda guarantees the independence of the judiciary and affirms that the judiciary is not subject to the control or direction of any person or authority. The International Covenant on Civil and Political Rights (ICCPR), to which Uganda is a State party, guarantees the principles of equality before the law, of the presumption of innocence until found guilty and of the right to a fair and public hearing by a competent, independent and impartial tribunal established by law.
OHCHR Uganda therefore:
(1) Unequivocally condemns the interference by armed security forces with the independence of the Judiciary, contrary to the Constitution and international human rights principles, which undermines the rule of law and administration of justice in Uganda;
(2) Reaffirms that an independent judiciary is key to upholding the rule of law in a democratic and free society;
UN OHCHR Uganda, Kampala Headquarters, 12A Baskerville Avenue - Kololo
P.O. Box 7184 Kampala, Uganda
Tel: +256 41 236272, Fax: +256 41 346 130, www.ohchr.org
(3) Urges the relevant Government authorities to take all necessary measures to prevent any further interference with the independence of the judiciary, especially judges and lawyers, so that the judiciary is able to resume its full functions at the earliest possible;.
(4) Calls upon the Government to respect judicial decisions taken by the judiciary in accordance with domestic and international norms pertaining to the requirements of a fair trial;
(5) Calls upon the Government of Uganda to ensure that all individuals responsible for the violations of human rights and national law by undermining the independence of the judiciary be held fully accountable by relevant courts of law; and in this connection,
(6) Welcomes the announcement by His Excellency President Museveni that an investigation into the incident is to be undertaken and calls on the results of the investigation to be made public without delay.
For further information, please contact OHCHR Uganda on telephone (256-414) 236272.