Author: Aisha Noor
February 5, 2025
![Opposition leader Kizza Besigye and Obeid Lutale stand in a steel dock at the Uganda Military General Court Martial in Makindye, a suburb of Kampala, Uganda December 2, 2024. [Image credit: REUTERS Abubaker Lubowa]](https://static.wixstatic.com/media/e28a6b_5b5d771ffde7475eabae431f04d489d1~mv2.png/v1/fill/w_720,h_460,al_c,q_85,enc_auto/e28a6b_5b5d771ffde7475eabae431f04d489d1~mv2.png)
HRRC urges Uganda's military court to end civilian trials and uphold the Supreme Court's decision not to subject its people to military law. Civilians must be allowed fair legal proceedings.
The Supreme Court of Uganda upheld its decision on January 31, 2025 to deny military courts the authority to judge civilians, while mandating civilian courts to accept pending military cases.
Following its rendition, the Ugandan judicial system should consider this ruling as a new beginning for human rights protection policies. However, the country continues suffering serious human rights issues.
For many years, the Ugandan military’s judiciary has operated as a system through which the government silences adversaries from opposition parties alongside activists from civil society. The civilian prosecution of people through military trials persists, even though the Constitutional Court upheld how the existing proceedings break constitutional law.
The General Court Martial currently maintains an ongoing practice of abuse which led to the recent convictions of 16 political opponents for both “treachery” and explosives possession. These people suffered decades in detention before judges conducted improper proceedings that led to their convictions.
The disciplinary actions violate Uganda's laws (Uganda's Constitution (1995) – Article 28) as well as international human rights norms (The International Covenant on Civil and Political Rights (ICCPR) – Article 14), which ensure fair trials and ban unlawful imprisonment.
HRRC urges Ugandan authorities to implement the Supreme Court’s judgment by immediately releasing all arbitrarily detained people and overturning wrongful convictions handled by military tribunals. Additionally, all military officials responsible for rights abuses must be held accountable.
The continuation of military tribunals for suppressing dissent and violating fundamental rights remains unacceptable under the Universal Declaration of Human Rights Article 10. HRRC maintains its resolve to defend human rights around the world.
Glossary
Abuses in Military Justice: Violations of human rights or legal principles within military court systems.
Accountability: The requirement for individuals, especially those in power, to be held responsible for their actions.
Arbitrary Detention: Detaining someone without legal justification or due process.
Constitutional Court: A court that rules on the constitutionality of laws.
Impartial: Fair and not biased, particularly in legal or judicial contexts.
Impunity: The failure to punish someone for wrongdoing, allowing them to escape justice.
Jurisdiction: The authority given to a court to hear and make decisions about legal matters.
Military Trials: Legal proceedings held in military courts, usually for soldiers, but sometimes for civilians.
Pretrial Detention: Holding someone in jail before their trial has taken place.
Treachery: An offense involving betrayal or disloyalty, especially against a country or government.
Sources