Saturday, July 3, 2021

Constitutional Court ruling in Uganda

The July 1, 2021, 109-page 3-2 decision of the Constitutional Court of Uganda in Kabaziguruka v. Attorney General, Const. Pet. No. 45 of 2016, [2021] UGCC __, is available here.* The majority has ruled against the exercise of court-martial jurisdiction over civilians -- a ruling that accords with international human rights jurisprudence. On the other hand, they seem to have approved in principle the exercise of military jurisdiction over civilians if the charge sheet expressly states that the civilians were acting with one or more named members of the armed forces. The decision is subject to appellate review by the Supreme Court of Uganda.

Many thanks to Global Military Justice Reform contributor Ronald Naluwairo for forwarding the Constitutional Court's decision.

* N.b. Some pages are missing from one of the opinions. We will post a corrected copy as soon as we have it.

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).