The contentious issue of civilians being tried in military courts continues to attract widespread attention, with constitutional lawyers and activists calling for the Supreme Court to deliver its long-overdue ruling on a critical constitutional appeal.
This debate has its roots in several landmark cases, including:
- Michael Kabaziguruka vs. Attorney General (2021): Justice Hellen Obura declared that the trial of Kabaziguruka, a civilian, under the General Court Martial violated Article 28(1) of the Constitution, which guarantees the right to a fair hearing before an independent court.
- Rtd. Captain Amon Byarugaba and Others vs. Attorney General (2022): The court ruled that military courts, not being courts of judicature as defined by the Constitution, cannot try civilians. It further stated that Parliament exceeded its powers in enacting the Uganda People's Defence Forces (UPDF) Act to permit such trials.
- Jackson Karugaba and Uganda Law Society vs. Attorney General (2009): The Constitutional Court ruled that military courts fail to meet the required standards of independence and impartiality for fair trials.
Constitutional Grounds for Rulings
The courts have consistently cited key provisions in the Constitution to support their decisions, including:
- Article 28(1): Guarantees the right to a public hearing before an independent and impartial tribunal.
- Article 44: Protects the right to a fair trial as a non-derogable right.
- Article 126: Requires justice to be administered in conformity with the law and the values of the people.
The Role of the Executive
Lawyers argue that the UPDF courts, as part of the executive, pose a conflict of interest since they serve as prosecutor, judge, and enforcer.
"The UPDF prosecutes, tries, and punishes. It’s akin to police arresting, charging, and convicting someone," noted constitutional lawyer George Musisi.
Despite these rulings, the Attorney General petitioned the Supreme Court, which issued a stay of execution on the Constitutional Court's decisions. However, four years later, civilians continue to face military trials, a situation described as a major impediment to justice.
"The delay in resolving this matter is unacceptable. The Supreme Court must prioritize this ruling to safeguard constitutional rights," Musisi added.
Dr. Kizza Besigye and 36 other members of the FDC Katonga faction are the latest civilians to face charges in the General Court Martial. This has reignited the debate over judicial independence and constitutional safeguards.
Efforts to get a comment from the judiciary were unsuccessful.
Meanwhile, Ugandans eagerly await a decision that could redefine justice for civilians subjected to military trials.
With lives and fundamental rights hanging in the balance, how long will Ugandans wait for a ruling that upholds the Constitution and the principles of impartial justice?