A critical analysis on the impact of case backlog on the right to fair and speedy trial in Uganda
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Date
2019-06
Authors
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Publisher
Kampala International University; School of Law
Abstract
This paper explores issues concerning the impact of case backlog on the enjoyment of the right to a fair and speedy trial in the Ugandan justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognized since the adoption of the formal legal system in Uganda, and which have been enshrined in the Constitution since independence. The Researcher used a doctrinal method of research to bring out both the international and national legal framework regulating the enjoyment of the rights to a fair and speedy trial in its chapter two and explains the meaning of the right to fair trial in accordance to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights and then the municipal law protection of the right to a fair and speedy trial. The paper discusses the causes of case backlog in the judiciary in Uganda and puts forward the measures that have been put in place by the government of Uganda to reduce case backlog in the Judiciary. Measures like the mandatory Mediation for all civil suits to be commenced in all courts of Uganda and Plea bargaining for criminal offenders are already functioning to ensure reduction of case backlog hence the enjoyment of the right to fair and speedy trial. The paper goes ahead to explore into the effects of case backlog on the enjoyment of the right to fair and speedy hearing and finally the researcher proposes reforms and recommendations to stake holders to minimize delay caused by backlog to ensure the enjoyment of the right to fair tr
Description
A research proposal submitted to the School of Law in partial fulfillment of the requirement for the Award of Bachelor of Laws
Keywords
Case backlog, Fair and speedy trial, Critical analysis, Uganda