
31/01/2025
𝐁𝐫𝐞𝐚𝐤𝐢𝐧𝐠 𝐍𝐞𝐰𝐬: 𝐂𝐡𝐢𝐞𝐟 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐀𝐥𝐟𝐨𝐧𝐬𝐞 𝐎𝐰𝐢𝐧𝐲 𝐃𝐨𝐥𝐥𝐨 𝐎𝐫𝐝𝐞𝐫𝐬 𝐈𝐦𝐦𝐞𝐝𝐢𝐚𝐭𝐞 𝐓𝐫𝐚𝐧𝐬𝐟𝐞𝐫 𝐨𝐟 𝐂𝐢𝐯𝐢𝐥𝐢𝐚𝐧 𝐂𝐚𝐬𝐞𝐬 𝐟𝐫𝐨𝐦 𝐌𝐢𝐥𝐢𝐭𝐚𝐫𝐲 𝐂𝐨𝐮𝐫𝐭𝐬
Kampala, Uganda – [Date] – In a landmark ruling, Chief Justice Alfonse Owiny Dollo has directed that all ongoing and pending criminal charges involving civilians in the General Court Martial (GCM) and other military courts must immediately cease and be transferred to civilian courts. This directive marks a significant shift in Uganda’s judicial landscape, reinforcing the constitutional principle that military courts are reserved for members of the armed forces.
The Chief Justice’s decision comes amid growing concerns from human rights advocates, legal experts, and civil society organizations regarding the trial of civilians in military tribunals. The ruling effectively curtails the jurisdiction of military courts over civilians, a practice that has been widely contested on constitutional grounds.
𝐋𝐞𝐠𝐚𝐥 𝐚𝐧𝐝 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐁𝐚𝐬𝐢𝐬
Justice Owiny Dollo’s directive is grounded in Article 28 of the Ugandan Constitution, which guarantees the right to a fair trial by an independent and impartial court. Legal experts have long argued that military courts, which operate under a different set of rules and procedures from civilian courts, lack the necessary safeguards to ensure fair trials for civilians.
“This is a significant step in upholding the rule of law in Uganda. The judiciary must ensure that every citizen is tried in the proper forum, and this ruling reaffirms that military courts are meant for military personnel, not civilians,” said a senior legal analyst.
𝐈𝐦𝐦𝐞𝐝𝐢𝐚𝐭𝐞 𝐈𝐦𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐑𝐮𝐥𝐢𝐧𝐠
Following the directive, all cases involving civilians that were previously under the jurisdiction of the GCM and other military courts will now be transferred to Uganda’s civilian judiciary for further legal proceedings. This affects numerous individuals who were facing charges ranging from illegal possession of firearms to acts of subversion.
Key legal and government institutions, including the Ministry of Justice, the Uganda Law Society, and the Director of Public Prosecutions (DPP), are expected to coordinate the swift implementation of the Chief Justice’s directive.
𝐑𝐞𝐚𝐜𝐭𝐢𝐨𝐧𝐬 𝐟𝐫𝐨𝐦 𝐋𝐞𝐠𝐚𝐥 𝐄𝐱𝐩𝐞𝐫𝐭𝐬 𝐚𝐧𝐝 𝐂𝐢𝐯𝐢𝐥 𝐒𝐨𝐜𝐢𝐞𝐭𝐲
The decision has been widely welcomed by human rights groups, who have long called for an end to the prosecution of civilians in military courts. Many argue that military tribunals do not provide adequate legal protections and often lead to unfair convictions.
“This ruling restores confidence in Uganda’s judicial system. Civilians should never have been subjected to military court proceedings in the first place. We hope the government fully implements this directive without delay,” stated a representative from the Uganda Human Rights Commission.
Meanwhile, some officials within the military establishment have expressed concerns about the ruling, arguing that military courts have played a role in maintaining national security. However, legal experts contend that such cases should be handled within the civilian judicial system, where due process is upheld.
𝐍𝐞𝐱𝐭 𝐒𝐭𝐞𝐩𝐬
The Chief Justice has tasked the judiciary with ensuring a seamless transition of all affected cases to civilian courts. The government is expected to issue an official statement outlining the mechanisms for implementing the directive and addressing any legal complexities that may arise during the transition.
This ruling is likely to have far-reaching implications for Uganda’s judicial and security landscape, potentially setting a precedent for future cases involving civilian defendants.
More details will follow as the situation develops.