Uganda’s Supreme Court Declares Military Trials of Civilians Unconstitutional
On January 31, 2025, Uganda’s Supreme Court ruled that military trials of civilians are unconstitutional, ordering their transfer to civilian courts. This decision received acclaim from Human Rights Watch, highlighting the urgent need for fair trial protection for wrongfully convicted civilians. Despite previous challenges to military court jurisdictions, their use persisted, raising concerns about human rights violations in Uganda.
The Supreme Court of Uganda has declared military trials of civilians unconstitutional, marking a significant victory for human rights, according to Human Rights Watch. On January 31, 2025, the Court ruled that military courts do not have the authority to try civilians and mandated the transfer of these cases to civilian courts. However, the ruling did not invalidate previous convictions made in military courts.
Oryem Nyeko, a senior researcher at Human Rights Watch expressed that this decision is a crucial advancement in safeguarding the right to a fair trial within Uganda. Nyeko emphasized that the government must ensure justice for civilians who have been wrongfully convicted through military trials.
For years, military courts in Uganda have adjudicated thousands of civilians, including political dissenters and government critics, often failing to meet domestic and international fair trial standards. These trials have been criticized for violating the constitutional rights of the accused, including the right to a fair trial and freedom, as guaranteed by Uganda’s constitution.
The Uganda Peoples’ Defence Forces (UPDF) Act of 2005 created military courts to handle offenses related to military law. Notably, military judges lack legal qualifications, and these courts have the power to impose the death penalty. Past investigations have revealed that trials are frequently marked by torture and basic violations of legal rights, neglecting the principles of impartiality and competence.
Despite previous rulings, including a Constitutional Court ruling in 2021 declaring military trials of civilians unconstitutional, authorities have continued to employ military courts. Recent cases include the trial of opposition leader Kizza Besigye, as well as a group of 16 opposition supporters who faced harsh sentences after prolonged pretrial detention.
The situation worsened for Kizza’s lawyer, Eron Kiiza, who was sentenced without legal representation for contempt of court, highlighting the ongoing persecution faced by those opposing military trials. Activists attempting to protest against these trials were also arrested, reinforcing claims of governmental repression.
President Yoweri Museveni has publicly supported military trials, criticizing civilian courts for their perceived inefficacy in securing timely convictions against violence-related offenses. Such trials are increasingly considered in violation of both national and international legal standards.
Human Rights Watch urges the Ugandan government to review and address cases involving wrongful detention and prosecution under military courts, ensuring remedies for affected civilians. Suggested remedies include releasing those awaiting trial and investigating abuse claims against military detainments. Nyeko reiterated that the government has historically misused military courts to suppress critics and opponents, viewing this ruling as a step toward accountability and justice.
The issues surrounding military trials in Uganda have emerged from the historical misuse of military courts to prosecute civilians, particularly political opposition and government critics. The Uganda Peoples’ Defence Forces Act of 2005 facilitates the authority of military courts, yet their proceedings have come under scrutiny for failing to meet international legal standards. Previous court rulings have challenged the legitimacy of military jurisdictions over civilians; however, the practice persisted, leading to human rights violations and prolonged detentions without fair trials. The recent Supreme Court ruling signifies progress in restoring judicial rights and compliance with constitutional provisions.
The Supreme Court of Uganda’s ruling against military trials for civilians symbolizes a critical advancement for human rights and the legal system’s integrity. It mandates that ongoing military trials be transferred to civilian courts, underscoring the need for accountability in handling previous cases. The government is urged to acknowledge and rectify injustices stemming from military jurisdictions, reinforcing the protection of civil liberties in Uganda. This decision represents hope for numerous civilians previously subjected to unlawful military trials and mistreatment.
Original Source: www.hrw.org
