Admission of confessions in Uganda: Unpacking the theoretical, substantive and procedural considerations of the Supreme Court. (original) (raw)
Related papers
The Legal Status of Evidence obtained through Human Rights Violations in Uganda
The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and cruel, inhuman and degrading treatment inadmissible. This means that evidence obtained through human rights violations other than torture and cruel, inhuman and degrading treatment is not covered by any other legislation in Uganda. The position is different in other jurisdictions such as South Africa, Kenya and Zimbabwe, which have constitutional provisions on how to deal with evidence obtained through human rights violations. The decisions that have been handed down by the Ugandan courts reflect various jurisprudential inconsistencies in dealing with this kind of evidence. This study delves into this lacuna and suggests proposals for reform.
African Journal of International and Comparative Law, 2019
The enactment of the Human Rights (Enforcement) Act comes at a time when the Constitution of the Republic of Uganda 1995 and national legislation remain silent on the issue of dealing with evidence obtained through human rights violations. The exception is in the Prohibition and Prevention of Torture Act of 2012 that deals with the admissibility of evidence obtained through torture and cruel, inhuman and degrading treatment. This lack of clarity has been exacerbated by the limited scope in the decisions handed down by courts. This comment argues that the new law does not effectively deal with the enforcement of an accused's right to a fair trial due to lack of a statutory provision to deal with evidence obtained through human rights violations. To substantiate this position, the comment provides the current position of the law on evidence obtained through human rights violations. This is followed by an evaluation of the relevant provisions of the new law. Finally, proposals on t...
3.0 THE LEGAL PRACTICE OF PLEA BARGAIN IN UGANDA
3.0 THE LEGAL PRACTICE OF PLEA BARGAIN IN UGANDA. 3.1 INTRODUCTION The prevalence of plea-bargaining in any given jurisdiction is a function of the jurisdiction's practical need for alternative dispositions and of various structural and ideological features of the jurisdiction that can inhibit or facilitate the practice. 1 At the ideological level, as a consequence of being a former colony of Britain, one of the relics of English law as received in Uganda is the absence of a formal plea-bargaining system in its criminal procedure. This has led to the widely accepted, but erroneous, belief that plea-bargaining is not practiced in Uganda. To the contrary, the judiciary intended to establish a plea bargaining system in a bid to reduce case backlogs and ensure timely delivery of justice as well as reducing congestion in prison facilities. This idea was initiated in April 2013 and has rolled out to different courts like Nakawa High Court circuit 2. 3.2 The legal basis for the practice. 3.2.1 INTERNATIONALLY. 3.2.1.1 INTERNATIONAL CIMINAL COURT ART. 65(5) of the ICC Statue implicitly acknowledges the possibilities of such negotiations by noting that the ' discussion ' between the parties about the charges, the admission of guilty ,or the sentence will not be binding on the court 3. Some authors have expressed skepticism that bargaining would take hold at ICC, given the broad authority of the court to reject agreements between the parties. But others have argued that the court is not likely to be effective in accomplishing its goals unless it begins relying on plea bargains 4 3.2.2 DOMESTICALLY 3.2 .2.1 CONSTITUTION OF THE REPUBLIC OF UGANDA 1995 The constitution provides for the right to a fair trial, 5 although this does not specifically mention the practice of plea bargain but forms a legal basis for the practice. 1 2 Anthony Wesaka, 'Plea bargain: A Case system the judiciary says will curb backlog' Daily monitor (Tuesday April 21/2015 <www.monitor.co.ug > 3 Rome Statute of the International Criminal court.
ILLEGALLY OBTAINED EVIDENCE IN UGANDA.
CHRISTOPHER DAVID LWEBUGA, 2013
It is a trite law that in every proceeding, parties must bring evidence to prove or disprove the facts that is in issue. It is upon the party who wishes to bring such evidence to use all the possible means to procure it. There is no law in Uganda that spell out clearly how such evidence should be obtained, and as a result, agencies of government and organ of states have always violated the fundamental human rights of persons charged with criminal offence during the process of investigation in the gist of procuring evidence.
The Relevance of Confessions in Criminal Proceedings
Despite increased evidence that confessions may be unreliable, they remain the gold standard of evidence for police investigations. One reason for the rejection of some confessional statements is that when confessions are not voluntary there is the danger of the accused falsely implicating himself. Different countries have different rules governing the admissibility of confessions. These rules serve to guarantee that wrongful convictions do not occur. They also serve as a deterrent to abusive interrogation by the police. Some interrogative techniques violate the defendant's free-will or procedural rights. In this article, while relying on recent judicial and statutory authorities, the writer takes a look at what confessions are. He goes further to examine the relationship between confessions and admissions, the probative value of confessions, the factors that affect the admissibility of a confessional statement, and other facts related to confessions. The role of the court in relation to confessional statements is also considered. Particular attention is given to the position of the law in Nigeria and India, although references are also made to other jurisdictions. This paper focuses on extra-judicial confessions.
THE LAW AND PRACTICE OF PRIVATE PROSECUTION IN UGANDA: AN ALTERNATIVE PATH TO JUSTICE
On 10 th August 2016, the Inspector General of Police together with other police officers were charged in a criminal case allegedly for acts of torture meted against members of the public by certain elements in the Uganda Police Force. A lot of political and legal debate ensued as to the legality of the process; it's implications and what it portends for the IGP as a person and the Uganda Police Force in general; the rule of law; security of the country and the independence of the Judiciary. As an available mechanism for enforcing the Prevention and Prohibition of Torture Act, 2012, it is paramount to understand how private prosecution is instituted, conducted and what parties need to know about this legal mechanism in the continuous and much needed fight against torture in Uganda. This paper attempts to examine the lego-historical premise for Private Prosecution and its justification in a democratic society; it examines the law on private prosecutions in Uganda with respect to how private prosecutions are originated, how it is conducted, controlled and what legal practitioners must watch out for when undertaking private prosecution; It also attempts to rationalize the justification for Private Prosecution with respect of under the Prevention and Prohibition of Torture Act, 2012; and lastly it attempts to examine the practice and future of private criminal prosecutions in Uganda and offer lessons learned.
The Principle of Legality and the prosecution of international crimes in Africa:lessons from Uganda
The demand for accountability for international crimes in Africa has directed new attention to national courts as major agents for ending impunity, as the numerous cases to be decided cannot be handled exhaustively by the international courts. However, African states are faced with political, economic, institutional and legal challenges, making such a role seem unattainable. The principle of legality, specifically the core element of non-retroactivity, is cited often as one such major legal challenge, alongside immunities and amnesties. Given the extent of atrocities in Africa and the call for accountability, it may be asked whether African courts and legislators should hesitate at the road block of the principle of legality in the pursuit of accountability. It could be argued that the despicable nature of the atrocities without a doubt elevates justice above legality and technicalities of law. Yet there are some who sternly warn against trivialising the law in the name of justice and advocate for a balanced application of both concepts. This debate is central to the principle of legality in the domestic prosecution of atrocities and Africa’s national courts cannot avoid it.
ABUSING THE ACCUSED? UNPACKING THE USE OF ENTRAPMENT IN UGANDA'S FIGHT AGAINST CORRUPTION
In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circumstances surrounding the collection and admission of evidence do not violate this right. This article argues that the use of entrapment in cases of corruption may lead to an abuse of the fair trial rights of an accused. The lack of a legislative framework regulating entrapment, the institutional entrenchment of entrapment in the criminal justice system and the inadequate guidance from judgments substantiate this argument. This article recommends amendments to the Criminal Procedure Code Act with a view to preventing abuse of the accused by agents of the criminal justice system.