The High Court of Uganda has declined to halt the trial of Jamil Mukulu, the former Allied Democratic Forces (ADF) leader, despite acknowledging violations of his constitutional rights during arrest and detention.
In an 86-page ruling, the court confirmed breaches such as illegal detention beyond the 48-hour limit, unlawful remand to Nalufenya prison, and prejudicial public exposure before trial.
Mukulu was arrested by Tanzanian authorities on March 19, 2015, and extradited to Uganda on July 10, 2015.
Yet, he was not produced before a Ugandan court until July 22, eight days after extradition—violating the constitutional requirement for presentation within 48 hours.
The court also found that Mukulu was unlawfully kept at Nalufenya prison for over a year, despite a court order for transfer to a gazetted Uganda Prisons facility.
Significantly, the court noted the infringement of Mukulu’s right to the presumption of innocence after former Inspector General of Police Gen. Kale Kayihura publicly paraded Mukulu and others, labeling them ADF members—actions deemed prejudicial to the accused.
However, the court dismissed Mukulu’s torture allegations, including claims of being stripped naked, beaten, forced to eat pork against his religious beliefs, and filmed in compromising situations.
The judge ruled these claims were unsubstantiated and inconsistent with earlier court records.
Similarly, accusations that security forces confiscated Mukulu’s personal belongings, such as USD 38,000 and a camera, were dismissed due to lack of proof regarding ownership or confiscation details.
While the court recognized that some rights violations occurred, it ruled they did not fundamentally compromise the trial’s merits to justify discontinuation.
The judge clarified that as a criminal court, it lacks authority to award damages for the infringements, recommending the applicants pursue civil litigation for compensation.
Mukulu faces charges including murder, terrorism, and crimes against humanity, with alleged offenses dating back to 2002.
The Attorney General’s office insists his extradition was lawful and that charges were properly authorized by Ugandan and Tanzanian authorities.
Mukulu’s defense has challenged the court’s jurisdiction over alleged crimes committed outside Uganda, but the court held that the indictment concerns offenses within Ugandan territory.