On January 31, 2025, Uganda’s Supreme Court ruled that military trials of civilians are unconstitutional, requiring ongoing cases to be moved to civilian courts. This decision is a significant victory for human rights, addressing long-standing abuses associated with military jurisdiction. Critics of these courts have faced legal repercussions, underscoring the need for accountability and adherence to fair trial rights in Uganda.
Uganda’s Supreme Court has declared military trials of civilians unconstitutional, marking a significant advancement for human rights in the country. On January 31, 2025, the Court ruled that military courts lack authority over civilian cases, mandating the transfer of ongoing trials to civilian courts. Although the ruling does not invalidate past convictions, it underscores the necessity for fair trial rights in Uganda. “The Supreme Court’s decision is a major step to protect the right to a fair trial in Uganda,” stated Oryem Nyeko from Human Rights Watch.
Historically, military courts in Uganda have unlawfully tried countless civilians, particularly targeting political figures and dissenters. These trials have frequently failed to meet both local and international fairness standards, thereby infringing upon the rights guaranteed by the Ugandan constitution. Military officials, lacking legal training, often oversee these courts, which can issue capital sentences per the UPDF Act. Human Rights Watch previously reported that these military tribunals denied defendants their rights to a proper defense and against self-incrimination.
Despite a 2021 Constitutional Court ruling against the military trial of civilians, authorities continued to utilize military courts for detaining and prosecuting dissenters. Recently, high-profile opposition figures, such as Kizza Besigye, faced military charges. In October 2024, a military court sentenced 16 civilians affiliated with an opposition party to imprisonment, highlighting ongoing abuses under military jurisdiction.
Further complicating matters, civilians advocating against military trials have experienced intimidation and arrest. For instance, a lawyer representing Besigye was sentenced to nine months in prison without a hearing after protesting the court’s actions. This indicates a troubling trend of suppressing legal representation for those challenging military trials.
President Yoweri Museveni has endorsed military courts, claiming civilian justice systems fail to deliver swift convictions for violent crimes. Nevertheless, international legal standards recognize military trials of civilians as inconsistent with the right to a fair trial. Both Uganda’s constitution and international statutes advocate for trials in independent, impartial courts.
This ruling from the Supreme Court comes in response to long-standing concerns regarding the jurisdiction of military courts in Uganda, particularly their treatment of civilians. For years, these courts have been criticized for violating fundamental rights, including the right to a fair trial. Previously established by the 2005 Uganda Peoples’ Defence Forces Act, military courts have operated with inadequate oversight, leading to numerous abuses against civilians. The recent Supreme Court decision aligns with international legal principles enforcing fair trial rights, demonstrating a shift towards greater accountability within the Ugandan judicial system.
In summary, the Supreme Court’s ruling against military trials of civilians represents a pivotal moment for human rights in Uganda, emphasizing the need for fair judicial processes. As military courts have historically undermined fair trial rights, this decision mandates a review of existing cases and promotes accountability for past abuses. Human Rights Watch advocates for immediate actions to ensure justice for affected individuals, reflecting a hopeful future for Uganda’s legal landscape.
Original Source: www.hrw.org
