Wakilii

In the Matter of Evert Arinaitwe (Misc. Cause No. 229 of 2016)

High Court · [2016] UGHCCD 60 · 2016 Application Granted — Immediate Release Ordered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for a writ of habeas corpus ad subjiciendum under Judicature (Habeas Corpus Rules) rules 3 and 4
Decision
Applicant Arinaitwe ordered released from detention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the detention of Arinaitwe for three months without being informed of charges until 13 September 2016 violated Article 23(4) of the Constitution requiring production before court within 48 hours. Detention at Makindye Military Barracks, an ungazetted facility, breached Article 23(2). Flagrant disobedience of two writs of habeas corpus violated Article 44(d). The accumulation of violations justified immediate release from detention.

Outcome

Applicant Arinaitwe ordered released from detention

Facts

Evert Arinaitwe was arrested on 13 June 2016 at Bombo and transferred to Makindye Military Police Barracks on 16 June 2016. His sister Shilah Akankunda learned of his detention and filed an application for habeas corpus. She was allowed to see him twice; he informed her he had not been informed of any charges. A writ of habeas corpus was issued requiring his production on 14 September 2016. Despite service on the Attorney General, Army Commander of UPDF, and Commandant Makindye, no one appeared and Arinaitwe was not produced. A second writ issued for 20 September 2016 was similarly disobeyed. A record of proceedings from a Disciplinary Committee dated 13 September 2016 showed Arinaitwe was informed of an offence under UPDF Act s.130(1)(f) and committed to General Court Martial for trial. Makindye Military Barracks is not a gazetted detention centre.

Issues

  1. Whether the applicant was unlawfully detained beyond the 48-hour constitutional requirement.
  2. Whether detention in an ungazetted facility violated the applicant's constitutional rights.
  3. Whether disobedience of the writ of habeas corpus warranted the applicant's release.
  4. Whether the applicant should be released from detention.

Orders

  • Applicant ordered to be immediately released from detention.

Rules and key headnotes

Constitutional Law — Detention — 48-Hour Rule — Detention Beyond Constitutional Limit
A person arrested must be produced before a court within 48 hours of arrest as required by Article 23(4) of the Constitution; detention from 13 June until 13 September 2016 without being informed of charges constitutes unlawful detention in breach of this constitutional command.
Constitutional Law — Detention — Gazetted Facilities — Detention in Ungazetted Facility
Detention in a facility that is not gazetted as a detention centre violates the constitutional right under Article 23(2) to be held in a place authorised by law.
Constitutional Law — Habeas Corpus — Non-Derogability — Disobedience of Writ
Article 44(d) of the Constitution provides that there shall be no derogation from the right to habeas corpus; disobedience of writs of habeas corpus by responsible institutions is itself a violation of the Constitution.
Human Rights — Personal Liberty — Unlawful Detention — Remedy of Release
Where there is flagrant disregard of the writ of habeas corpus, detention in an ungazetted facility, unlawful detention beyond the 48-hour rule, and uncertainty about the facility in which the detainee will be held following committal, the court has a duty to stop these violations of fundamental human rights by ordering immediate release from detention.

Legislation cited (6)

Cases cited (1)

  • In the Matter of Muhindo Herbert and Five Others (HCMA No. 42 of 2012)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the Matter of Evert Arinaitwe (Misc. Cause No. 229 of 2016) [2016] UGHCCD 60 (23 September 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.