The Attorney General, Kiwanuka Kiryowa, has announced that the Uganda Prisons Services has been instructed to wait until the process of the DPP assuming control of certain criminal trials before the General Court Martial and the UPDF has finalized the transfer of all cases to court for appropriate handover to relevant courts, prior to taking any action regarding inmates serving sentences or awaiting trial in the Court Martial.
However, Medard Sseggona (Busiro East) disagreed with the Attorney General’s legal counsel to Uganda Prisons, suggesting that inmates should remain in custody until their cases are taken over by the DPP or moved to other courts, arguing that the Supreme Court ruling invalidated the orders of the General Court Martial, causing the warrants for inmates undergoing trial and serving sentences by the GCM to lapse.
“As the Attorney General was reading, I have been really touched and concerned about a number of issues. The Attorney General knows that a person can only be held in Prison on a valid warrant.
The order of court, which literally dismantled, and I mean literally not technically, dismantled, the orders of the defunct caused the warrants upon which these people were arrested to expire,” said Sseggona.
“But with the case of Dr. Kizza Besigye and Hajji Obeid Lutaale, the warrant itself was expiring on Monday and it did expire. So currently for these people or persons that are being held, on whose orders? On whose valid warrants do they continue to be in prison?” asked the Busiro East member of Parliament.
Sseggona further contested the Attorney General’s recommendation for the DPP to take control of some cases from the General Court Martial, questioning why the DPP has been tasked with searching for cases of individuals who have been acting unlawfully.
“Regarding the DPP collaborating with the GCM, why is this the DPP’s concern? The DPP is legally authorized to initiate prosecutions against any individual of their choosing, as long as there is evidence. It is not the case that the DPP should seek out cases. Yet now, they are instructing the DPP to search for cases involving someone who has been operating illegally,” Sseggona stated.
Ibrahim Ssemujju (Kira Municipality) expressed astonishment at the Attorney General’s legal advice, which would result in individuals being held in prison on expired warrants, reminiscent of events that occurred 40 years ago during Idi Amin’s rule.
“The last time individuals were incarcerated in Luzira without a valid warrant was following Idi Amin’s downfall. I did not anticipate that actions taken during Amin’s era could be mirrored by Kiryowa Kiwanuka nearly 40 years later,” Ssemujju remarked.
Meanwhile, the Attorney General, Kiwanuka Kiryowa, has requested Parliament to permit the Minister of Justice, Nobert Mao, to arrange a meeting with the Judiciary before addressing the concerns raised by MPs regarding the extended pre-trial detention of inmates.
“I regret to inform you that we are unable to provide a statement today. When this issue was raised last week, the Minister of Justice attempted to meet with the Judiciary, but the Chief Justice and his team were occupied with judgment preparations and could not accommodate him. This week, they are attending the Judges Conference, which began today and will conclude on Friday. Therefore, the Minister has requested time to meet with the Justices and subsequently report back,” Kiwanuka explained.
The Attorney General, Kiwanuka Kiryowa, has asked Parliament to allow the Minister of Justice, Nobert Mao, to arrange a discussion with the Judiciary before a statement is made regarding the concerns brought up by MPs about the prolonged pre-trial detention of inmates.
The Leader of Opposition, Joel Ssenyonyi, accused the Attorney General of providing misleading advice to the General Court Martial, suggesting that the implication of the Attorney General’s remarks is that the GCM should continue to detain these individuals until the DPP decides whether to take over the case.
