A critical analysis of the laws relating to protection of the rights of suspects in Uganda
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Date
2019-07
Authors
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Publisher
Kampala International University, School of Law
Abstract
The study critically analyzed the laws relating to protection of the rights of suspects in Uganda.
It was guided by the following objectives to examine the various rights of the suspects in
Uganda, to identifY the legal framework governing the protection of the rights of suspects in
Uganda, to examine the gaps identified in the laws relating to the protection of the rights of
suspects in Uganda and to identifY the possible solutions to violations of suspects' rights. The
study inclined to follow the combination of Doctrinal and Non-Doctrinal Research Method for
collecting data in the present research. The study concluded that although the Ugandan justice
system has come a long way and to that effect Uganda has Various Laws and Legislations that
provides for the protection of the rights of criminal suspects, it is still ineffective and barbaric in
nature. Yet, as the existing problems receive greater exposure; more pressure will be applied to
make changes in the system. The Constitutional right of an accused person to apply for bail
flows from the presumption of innocence as provided for in Article 28(3) (a) of the 1995
Constitution which states that; "An accused person is presumed to be innocent until proved
guilty or until that person has accepted guilt". In other words, once an accused person is
arrested he or she should be charged, tried and either convicted or acquitted within the shortest
time possible. This is because if a speedy trial is not conducted, evidence in support of the
accused could be distorted, and this person's freedom will be restricted yet he might actually be
innocent. Remember that the person's right to liberty is a fundamental human right which should
only be restricted upon conviction of that person. The study recommends that the entire Ugandan
penal system needs to be revamped in order to address the concerns discussed above.
Unfortunately, the laws are not the only factor playing into the inefficacy of the justice system.
Torture and corruption in the justice system have become so common and expected that few
people are willing to address the situation until they too fall victim to its shortcomings. Though
the restoration will be a long and difficult process, there are solid steps that can be taken to
improve the system and restore suspects and prisoners with their fundainental human rights.
Article 23(4)(b) of the Ugandan Constitution needs to be rewritten to allow for an arrest only
when there is probable cause, and not when it is merely thought that someone has or might
commit a crime. This would require that investigations be completed prior to the arrest and
detention of the suspect.
Description
A research proposal submitted to the school of law in partial fulfillment of the requirements for the a ward of a Bachelor’s Degree in law of Kampala International University
Keywords
Law, Rights of suspects, Uganda