
31/01/2025
๐๐ซ๐๐๐ค๐ข๐ง๐ ๐๐๐ฐ๐ฌ: ๐๐ก๐ข๐๐ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐ฅ๐๐จ๐ง๐ฌ๐ ๐๐ฐ๐ข๐ง๐ฒ ๐๐จ๐ฅ๐ฅ๐จ ๐๐ซ๐๐๐ซ๐ฌ ๐๐ฆ๐ฆ๐๐๐ข๐๐ญ๐ ๐๐ซ๐๐ง๐ฌ๐๐๐ซ ๐จ๐ ๐๐ข๐ฏ๐ข๐ฅ๐ข๐๐ง ๐๐๐ฌ๐๐ฌ ๐๐ซ๐จ๐ฆ ๐๐ข๐ฅ๐ข๐ญ๐๐ซ๐ฒ ๐๐จ๐ฎ๐ซ๐ญ๐ฌ
Kampala, Uganda โ [Date] โ In a landmark ruling, Chief Justice Alfonse Owiny Dollo has directed that all ongoing and pending criminal charges involving civilians in the General Court Martial (GCM) and other military courts must immediately cease and be transferred to civilian courts. This directive marks a significant shift in Ugandaโs judicial landscape, reinforcing the constitutional principle that military courts are reserved for members of the armed forces.
The Chief Justiceโs decision comes amid growing concerns from human rights advocates, legal experts, and civil society organizations regarding the trial of civilians in military tribunals. The ruling effectively curtails the jurisdiction of military courts over civilians, a practice that has been widely contested on constitutional grounds.
๐๐๐ ๐๐ฅ ๐๐ง๐ ๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐๐ฌ๐ข๐ฌ
Justice Owiny Dolloโs directive is grounded in Article 28 of the Ugandan Constitution, which guarantees the right to a fair trial by an independent and impartial court. Legal experts have long argued that military courts, which operate under a different set of rules and procedures from civilian courts, lack the necessary safeguards to ensure fair trials for civilians.
โThis is a significant step in upholding the rule of law in Uganda. The judiciary must ensure that every citizen is tried in the proper forum, and this ruling reaffirms that military courts are meant for military personnel, not civilians,โ said a senior legal analyst.
๐๐ฆ๐ฆ๐๐๐ข๐๐ญ๐ ๐๐ฆ๐ฉ๐ฅ๐ข๐๐๐ญ๐ข๐จ๐ง๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ฎ๐ฅ๐ข๐ง๐
Following the directive, all cases involving civilians that were previously under the jurisdiction of the GCM and other military courts will now be transferred to Ugandaโs civilian judiciary for further legal proceedings. This affects numerous individuals who were facing charges ranging from illegal possession of fi****ms to acts of subversion.
Key legal and government institutions, including the Ministry of Justice, the Uganda Law Society, and the Director of Public Prosecutions (DPP), are expected to coordinate the swift implementation of the Chief Justiceโs directive.
๐๐๐๐๐ญ๐ข๐จ๐ง๐ฌ ๐๐ซ๐จ๐ฆ ๐๐๐ ๐๐ฅ ๐๐ฑ๐ฉ๐๐ซ๐ญ๐ฌ ๐๐ง๐ ๐๐ข๐ฏ๐ข๐ฅ ๐๐จ๐๐ข๐๐ญ๐ฒ
The decision has been widely welcomed by human rights groups, who have long called for an end to the prosecution of civilians in military courts. Many argue that military tribunals do not provide adequate legal protections and often lead to unfair convictions.
โThis ruling restores confidence in Ugandaโs judicial system. Civilians should never have been subjected to military court proceedings in the first place. We hope the government fully implements this directive without delay,โ stated a representative from the Uganda Human Rights Commission.
Meanwhile, some officials within the military establishment have expressed concerns about the ruling, arguing that military courts have played a role in maintaining national security. However, legal experts contend that such cases should be handled within the civilian judicial system, where due process is upheld.
๐๐๐ฑ๐ญ ๐๐ญ๐๐ฉ๐ฌ
The Chief Justice has tasked the judiciary with ensuring a seamless transition of all affected cases to civilian courts. The government is expected to issue an official statement outlining the mechanisms for implementing the directive and addressing any legal complexities that may arise during the transition.
This ruling is likely to have far-reaching implications for Ugandaโs judicial and security landscape, potentially setting a precedent for future cases involving civilian defendants.
More details will follow as the situation develops.