East African Court Summons Uganda Over Controversial Torture Ruling

The East African Court of Justice (EACJ), based in Arusha, Tanzania, has formally summoned the Ugandan government to account for a recent ruling by its Constitutional Court. This legal challenge, brought forth by the Uganda Law Society (ULS), centers on a June 2 decision that critics claim undermines safeguards against the torture of individuals facing criminal charges.

The EACJ has granted the Attorney General a period of 45 days from the date of service to submit Uganda’s official response. The court has explicitly warned that failure to comply will result in the case proceeding to judgment in the government’s absence.

The core of the dispute lies in a Constitutional Court decision concerning Section 11 of the Human Rights (Enforcement) Act. The Ugandan justices found provisions within this section inconsistent with the Constitution, particularly how they linked an accused person’s acquittal to claims of torture rather than established evidentiary procedures.

Human rights organizations and legal professionals have expressed significant concern over this ruling. They argue that it could permit criminal proceedings to continue even after a court has acknowledged that an accused person was subjected to torture or other violations of non-derogable rights. Dr. Livingstone Ssewayana of the Foundation for Human Rights Initiative stated that such a development reverses progress in the fight against torture, potentially emboldening perpetrators by allowing trials to proceed despite proven abuses.

The ULS is now taking its case to the regional court, invoking Articles 6(d) and 7(2) of the East African Community Treaty. These articles emphasize principles of good governance, the rule of law, and the protection of human rights. The ULS contends that the Constitutional Court’s judgment violates these binding obligations by allowing the state to potentially benefit from investigations involving the violation of non-derogable rights and by undermining the inherent power of courts to halt proceedings for abuse of process.

The ULS seeks a declaration from the EACJ that Uganda has contravened the Treaty and requests an order compelling the Ugandan government to implement measures, including legislative or judicial actions, to reinstate effective remedies for torture prohibition, good governance, and the rule of law. This case effectively shifts the legal battleground from Uganda’s domestic courts to the regional East African Court of Justice.

Source: Daily Monitor (Uganda)