AFRICA - House Foreign Affairs Committee Democrats

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the Uganda Medical Union, after he protested in front of State House (the President’s
residence); the case in which authorities arrested several religious leaders
and church members for incidents including killings, defilement, rape, abduction,
theft, and unlawful assembly; and the case of 30 youths arrested in Gulu after they
were found without identification papers.
The Constitution does not prohibit forced exile; however, the Government did not
use exile as a means of political control. During the year, several UPDF officers and
Besigye supporters left the country. For example, on February 1, Sabiiti Mutegesa,
UPDF’s former Director of Records, left the country following an investigation
against him over alleged corruption. In February Lt. Muhire Mugire, former ISO Director
of Personnel also went into exile. In May Dennis Murindwa, Besigye’s cousin
who was charged with treason for the alleged recruitment of youths into rebel activity,
was released when the court found he had been held beyond the mandatory 48
hours and then reportedly left the country. In September the independent Monitor
newspaper reported that Mbareeba Kifaka, a Reform Agenda member, left the country
following alleged harassment by security personnel. Kifaka was arrested for alleged
subversion and later released in August in Rukungiri.
Former presidential candidate Kizza Besigye and a number of persons on his National
Task force, including Rabwoni Okwir, Deus Bainomugisha, and Ann Mugisha,
remained in self-imposed exile during the year. James Opoka reportedly was collaborating
with the LRA in the north during the year.
Some former rebels returned to the country during the year under the 2000 amnesty
(see Section 1.e.).
e. Denial of Fair Public Trial.—The Constitution provides for an independent judiciary;
however, the President had extensive legal powers that influenced the exercise
of this independence. The President nominated, for the approval of Parliament,
members of the Judicial Service Commission, which made recommendations on appointments
to the High Court, the Court of Appeal, and the Supreme Court. The
lower courts remained understaffed and weak.
The highest court was the Supreme Court, followed by the Court of Appeal (which
also functioned as the Constitutional Court for cases of first instance involving constitutional
issues), the High Court, the Chief Magistrate’s Court, local council (LC)
level 3 (sub-county) courts, LC level 2 (parish) courts, and LC level 1 (village)
courts. A minimum of six justices could sit on the Supreme Court and the Court
of Appeal. In addition, there were a few specialized courts that dealt with industrial
and other matters. The Industrial Court (IC), which arbitrated labor disputes, structurally
was parallel to the chief magistrate’s court. A system of commercial courts
resolved commercial disputes, improved commercial justice, and reduced case backlogs.
There also was a military court system.
The LC courts often were marred by bribery and male dominance in rural areas.
The LC courts had the authority to settle civil disputes, including land ownership
and payment of debts, and criminal cases involving children. These courts, often the
only ones available to villagers, frequently exceeded their authority by hearing
criminal cases, including murder and rape. LC court decisions could be appealed to
magistrate’s courts; however, often there were no records made at the village level,
and defendants were not aware of their right to appeal.
The civilian judicial system contained procedural safeguards, including bail and
the right of appeal; however, an inadequate system of judicial administration and
a lack of resources, resulting in a serious backlog of cases, circumscribed the right
to a fair trial. The case backlog in the High Court continued to diminish; the number
of criminal cases pending decreased from 149 in 2001 to 87 by year’s end. Most
courts rarely observed the constitutionally prescribed limits on pretrial detention.
All nonmilitary trials were public.
Many defendants could not afford legal representation. The Constitution requires
that the Government provide an attorney for indigent defendants accused of capital
offenses, but there rarely was enough money to retain adequate counsel. The Uganda
Law Society operated legal aid clinics in four regional offices, although its services
remained limited due to funding constraints. It assisted military defendants as
well as civilians. The local chapter of Federation International de Abogadas/Uganda
Women Lawyers Association (FIDA-U) and the FHRI also practiced public interest
law from offices in Kampala. The Law Development Center operated a legal aid clinic
to address cases involving children and those accused of petty crimes. A public
defense service also operated; however, it lacked government funding and relied
solely on donor support.
The military court system did not assure the right to a fair trial. Although the
accused had the right to legal counsel, some military defense attorneys were untrained
and could be assigned by the military command, which also appointed the
prosecutor and the adjudicating officer. The law establishes a court-martial appeals
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