Captain Mangeni (RO 08576) and Others v Uganda (Criminal Miscellaneous Application 15 of 2021)
Observed later treatment
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Holding
The High Court held that an application to enforce non-derogable human rights under the Human Rights (Enforcement) Act 2019 was fatally defective where filed against Uganda rather than the Attorney General, and where the proper procedure was to raise the infringement before the trial court hearing the criminal proceedings. The application was dismissed as incurable.
Outcome
Application dismissed for being fatally defective on procedural and party grounds
Facts
The applicants were charged with kidnap with intent to murder, aggravated robbery, and murder. They alleged that they were arrested in December 2016 and detained at various police stations (Nalufenya, Kireka SID) for periods ranging from 39 to 49 days before being produced in court on 30 January 2017. They alleged systematic torture, denial of access to lawyers and family, solitary confinement, forced confessions, and that the first applicant's wife was arrested and beaten before him to compel his cooperation. They claimed these violated their non-derogable constitutional rights and sought declarations that the detention was unlawful and that the subsequent criminal proceedings were a nullity. The criminal trial was ongoing in High Court Criminal Session Case No. 455 of 2017.
Issues
- Whether the application was filed in the proper court.
- Whether Uganda (rather than the Attorney General) was the correct respondent for a human rights enforcement action.
- Whether the applicants' non-derogable constitutional rights were infringed during pre-trial detention and whether the subsequent criminal proceedings were a nullity.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (26)
- Constitution of the Republic of Uganda art.23(4)(b)
- Constitution of the Republic of Uganda art.28
- Constitution of the Republic of Uganda art.44(a)
- Constitution of the Republic of Uganda art.44(c)
- Constitution of the Republic of Uganda art.49(1)
- Constitution of the Republic of Uganda art.126(2)(e)
- Constitution of the Republic of Uganda art.250(1)
- Constitution of the Republic of Uganda art.250(2)
- Constitution of the Republic of Uganda art.250(4)
- Human Rights (Enforcement) Act 2019 s.8(1)
- Human Rights (Enforcement) Act 2019 s.11(1)
- Human Rights (Enforcement) Act 2019 s.11(2)(b)
- Human Rights (Enforcement) Act 2019 s.15
- Human Rights (Enforcement) Act 2019 s.17
- Judicature (Fundamental and Other Rights and Freedoms) (Enforcement Procedure) Rules 2019 r.3
- Judicature (Fundamental and Other Rights and Freedoms) (Enforcement Procedure) Rules 2019 r.3(a)
- Judicature (Fundamental and Other Rights and Freedoms) (Enforcement Procedure) Rules 2019 r.5(1)(a)
- Judicature (Fundamental and Other Rights and Freedoms) (Enforcement Procedure) Rules 2019 r.6(1)(a)
- Judicature (Fundamental and Other Rights and Freedoms) (Enforcement Procedure) Rules 2019 r.7(1)
- Judicature (Fundamental and Other Rights and Freedoms) (Enforcement Procedure) Rules 2019 r.9
- Civil Procedure Act
- Penal Code Act s.188
- Penal Code Act s.189
- Penal Code Act s.243(1)
- Penal Code Act s.285
- Penal Code Act s.286(2)
Cases cited (1)
- Athanasius Kivumbu Lule v Emmanuel Pinto (Constitutional Petition No. 5 of 1997)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.