ULS presses for end to military trials ahead of key supreme court ruling

By Joshua Kagoro | Wednesday, January 29, 2025
ULS presses for end to military trials ahead of key supreme court ruling
Christine Awori, acting CEO, Uganda Law Society addressing media.
Christine Awori, acting CEO of ULS, affirmed their resolve, stating, “We will not stop at the Supreme Court. If the ruling does not favor constitutionalism, we will escalate this matter internationally to seek justice.”

The Uganda Law Society (ULS) has renewed its demand for an end to the trial of civilians in military courts, just a day before the Supreme Court delivers its much-anticipated verdict in the case of Attorney General versus Michael Kabaziguruka.

The ruling, expected Friday, could reshape the legal boundaries between military and civilian jurisdictions in Uganda.

Legal experts and human rights advocates have long argued that trying civilians under the Uganda People’s Defence Forces (UPDF) Act violates constitutional guarantees of personal liberty and the right to a fair trial.

ULS maintains that Articles 23, 28(1), and 126 of the Constitution, which enshrine judicial independence, are undermined by these trials.

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Despite previous court rulings questioning the practice, military trials for civilians have persisted.

Jude Byamukama, an Advocate of the High Court, called on the Supreme Court to uphold constitutional principles.

“The court martial was established to handle offenses committed by military personnel, not civilians," he said.

Subjecting civilians to its jurisdiction contradicts constitutional guarantees of fair trial and judicial independence."

Should the Supreme Court uphold the constitutionality of military trials for civilians, ULS has vowed to escalate the matter to regional and international legal bodies, including the East African Court of Justice and the African Commission on Human and Peoples’ Rights.

Christine Awori, acting CEO of ULS, affirmed their resolve, stating, “We will not stop at the Supreme Court. If the ruling does not favor constitutionalism, we will escalate this matter internationally to seek justice.”

The ULS is also demanding the immediate discharge of civilians facing military charges and compensation for those unlawfully detained under military justice.

As the Supreme Court’s ruling looms, the outcome could set a lasting precedent for the future of judicial independence and human rights in Uganda.

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