Wakilii

Okiring and Another v Republic of Uganda (Communication 339 of 2007)

African Commission on Human and Peoples' Rights · [2018] ACHPR 133 · 2018 Communication Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter arising from arrest, detention, and trial of civilians before military courts in Uganda
Decision
Communication declared admissible and decided on the merits in favour of the Victims. Uganda ordered to pay compensation, revise legislation, and implement human rights training.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Uganda violated Articles 6, 7(1)(b), (c), (d), and 26 of the African Charter by continuing to detain civilians after bail was granted, trying them before military courts, deploying armed forces to intimidate the judiciary, and denying access to counsel. The Commission ordered Uganda to pay compensation, revise legislation permitting civilian trials in military courts, and train security personnel on human rights principles.

Outcome

Communication declared admissible and decided on the merits in favour of the Victims. Uganda ordered to pay compensation, revise legislation, and implement human rights training.

Facts

Patrick Okiring and Agupio Samson were arrested on 23 November 2004 in Yumbe district, Uganda, on allegations of membership in an armed group seeking to overthrow the government. They were charged with treason in the High Court on 15 November 2005 and granted bail on 16 November 2005. Despite the bail order, they were not released. Armed security forces cordoned off the High Court, stormed the premises, and forcibly returned the bailed suspects to Luzira Maximum Prison. On 17 November 2005, the Victims were charged with terrorism and unlawful possession of firearms before the General Court Martial. The Constitutional Court ruled on 12 January 2007 that their continued detention was unlawful and ordered their immediate release, but the Government did not comply. On 1 March 2007, the High Court again ordered their release, but armed security personnel re-arrested them in the courtroom, vandalized court equipment, and beat the suspects. The Judiciary declared a strike in protest. The Victims were subsequently released on bail on other charges. Mr. Okiring was released after satisfying bail requirements, while Mr. Agupio's whereabouts became uncertain after a nolle prosequi was entered.

Issues

  1. Whether the Communication was admissible before the African Commission, particularly whether local remedies had been exhausted and whether the matter was res judicata following proceedings before the East African Court of Justice.
  2. Whether the continued detention of the Victims in defiance of bail orders and Constitutional Court declarations violated the right to personal liberty under Article 6 of the African Charter.
  3. Whether the trial of the Victims, who are civilians, before the General Court Martial violated their right to a fair trial under Article 7 of the African Charter.
  4. Whether the deployment of armed security forces at the High Court premises and the beating of lawyers violated the independence of the judiciary and the right to a fair trial under Article 7 and Article 26 of the African Charter.
  5. Whether the Victims were subjected to torture in violation of Article 5 of the African Charter.

Orders

  • Does not find violation of Article 5 of the African Charter.
  • Finds violations of Article 6, Article 7(1)(b), (c), (d) and Article 26 of the Charter.
  • Orders the Government of Uganda to pay adequate compensation to the Victims for the violations of Article 6, Article 7(1)(b), (c), (d) and Article 26 of the Charter, guided by international norms and practices relating to payment of compensatory damages.
  • Directs the Government of Uganda to determine the whereabouts of Mr. Samson Agupio, confirm that Mr. Agupio was released from detention following the nolle prosequi entered by the Director of Prosecutions and inform the Commission accordingly.
  • Directs the Government of Uganda to ensure that the provisions of the Uganda Peoples' Defence Forces Act No. 7 of 2005, through which the Victims who are civilians were charged in the General Court Martial, is revised to prohibit the trial of civilians before military courts.
  • Calls on the Government of Uganda to train its military personnel and law enforcement officials on human rights principles, including the African Charter, the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial detention in Africa, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the Principles and Guidelines on Human and Peoples' Rights while Countering Terrorism in Africa, among others.
  • Requests the Government of Uganda to inform the Commission within one hundred and eighty (180) days of being notified of this decision, the measures taken to implement the present decision in accordance with Rule 112(2) of the Rules of Procedure of the Commission.

Rules and key headnotes

Admissibility — Exhaustion of Local Remedies — Human Rights Commissions
Human rights commissions vested with quasi-judicial powers do not constitute judicial remedies that must be exhausted under Article 56(5) of the African Charter where the complainant has already exhausted available legal remedies to the highest level and obtained redress from the courts.
Admissibility — Res Judicata — Withdrawal from Proceedings
A matter is not res judicata under Article 56(7) of the African Charter where the complainants withdrew from proceedings before another international tribunal before judgment was delivered, even if they were initially named as parties.
Right to Personal Liberty — Arbitrary Detention — Defiance of Court Orders
The continued detention of persons after a court has granted bail constitutes arbitrary and unlawful detention in violation of Article 6 of the African Charter, particularly where the State re-arrests the persons on different charges before a different court to circumvent the bail order.
Military Courts — Trial of Civilians — Jurisdiction
The trial of civilians before military courts violates the right to a fair trial under Article 7(1)(b) and (d) of the African Charter where civilian courts are available and there are no extraordinary circumstances justifying military jurisdiction. Military courts should not in any circumstances have jurisdiction over civilians.
Right to Defence — Access to Counsel — Denial
The denial of access to counsel on several occasions violates the right to defence under Article 7(1)(c) of the African Charter, as legal representation is the best means of defence against infringements of human rights and fundamental freedoms.
Judicial Independence — Executive Interference — Deployment of Armed Forces
The deployment of armed security forces at court premises to prevent the release of persons granted bail, without consultation with the presiding judge, constitutes intimidation of the judiciary and violates the independence of the courts under Article 26 of the African Charter and the right to a fair trial under Article 7(1) of the Charter.
Rule of Law — Physical Assault of Lawyers — Judicial Independence
The physical assault of a lawyer in court premises while undertaking professional duties is an impermissible attack on the independence of the judiciary and the rule of law, violating the right to defence under Article 7(1)(c) of the African Charter.

Legislation cited (19)

Cases cited (24)

  • Dawda K. Jawara v The Gambia (Communications 147/95, 149/96)
  • Amnesty International and Others v Sudan (Communications 48/90, 50/91, 52/91, 89/93)
  • Assanidze v Georgia (Application No. 71503/01)
  • Alfred B. Cudjoe v Ghana (Communication 221/98)
  • Kenneth Good v Republic of Botswana (Communication 313/05)
  • Kevin Mgwanga Gunme et al v Cameroon (Communication 266/03)
  • Bakweri Land Claims Committee v Cameroon (Communication 260/02)
  • Sudan Human Rights Organization and COHRE v Sudan (Communications 279/03, 296/05)
  • Egyptian Initiative for Personal Rights and Interrights v Egypt (Communication 334/06)
  • John D. Ouko v Kenya (Communication 232/99)
  • Kazeem Aminu v Nigeria (Communication 205/97)
  • Rafael Marques de Morais v Angola (Communication 1128/2002)
  • Article 19 v Eritrea (Communication 275/03)
  • Civil Liberties Organisation and Others v Nigeria (Communication 218/98)
  • Marcel Wetsh'okonda Koso and Others v Democratic Republic of Congo (Communication 281/2003)
  • Law Office of Ghazi Suleiman v Sudan (Communications 222/98, 229/99)
  • Cantoral Benavides v Peru (Series C No. 69)
  • Centre For Free Speech v Nigeria (Communication 206/97)
  • Zimbabwe Lawyers for Human Rights and IHRDA v Zimbabwe (Communication 294/04)
  • Uganda Law Society v Attorney General (Constitutional Petition No. 18 of 2005)
  • Col (Rtd.) Kizza Besigye and 22 Others v Attorney General (Constitutional Petition No. 12 of 2006)
  • James Katabazi and 21 Others v Secretary General of the East African Community and Attorney General of Uganda (Reference No. 1 of 2007)
  • Criminal Case No. 955 of 2005
  • UPDF/GEN/075 of 2005

Full judgment

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Okiring and Another v Republic of Uganda (Communication 339 of 2007) [2018] ACHPR 133 (28 April 2018)
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.