Foundation for Human Rights Initiatives v Attorney-General (2008) AHRLR 235 (UgCC 2008)

This petition is brought by a non governmental organization (NGO) known as the Foundation for Human Rights Initiatives whose objectives include protection, promotion and observance of human rights. The petitioner asserts that: (a) Certain provisions of the Trial on Indictments Act (CAP 23) impose restrictions, and limitations on the person’s right to liberty, freedom of movement, the right to a fair and speedy trial and the presumption of innocence (b) Provisions of the Magistrate’s Courts Act (CAP 16) are inconsistent with articles 20, 23(1), 23(6), 28(1) and 28(3) of the Constitution of the Republic of Uganda insofar as they exclude certain offences from the grant of bail, thereby infringing on the constitutional right to liberty, the right to a fair and speedy trial, and the right to bail. (c) The Uganda Peoples Defence Forces Act 7 of 2005 (UPDF) which subjects accused persons to lengthy periods of detention bail, is inconsistent with articles 20, 23(6), 28(1), and 28(3) of the Constitution of the Republic of Uganda and as such violate the inherent rights and freedoms of the individual which are guaranteed by the said Constitution (d) The Police Act (CAP 303), section 25(2), which permits the police to detain a suspect for seven days without being charged in a court of law is inconsistent with article 23(4) of the Constitution and is an infringement of the right to liberty and the presumption of innocence.