Transformation of the Judiciary Priorities
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Uganda 2015 Human Rights Report
UGANDA 2015 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Uganda is a constitutional republic led since 1986 by President Yoweri Museveni of the ruling National Resistance Movement (NRM) party. Voters re-elected Museveni to a fourth five-year term and returned an NRM majority to the unicameral Parliament in 2011. While the election marked an improvement over previous elections, it was marred by irregularities. Civilian authorities generally maintained effective control over the security forces. The three most serious human rights problems in the country included: lack of respect for the integrity of the person (unlawful killings, torture, and other abuse of suspects and detainees); restrictions on civil liberties (freedoms of assembly, expression, the media, and association); and violence and discrimination against marginalized groups, such as women (sexual and gender-based violence), children (sexual abuse and ritual killing), persons with disabilities, and the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Other human rights problems included harsh prison conditions, arbitrary and politically motivated arrest and detention, lengthy pretrial detention, restrictions on the right to a fair trial, official corruption, societal or mob violence, trafficking in persons, and child labor. Although the government occasionally took steps to punish officials who committed abuses, whether in the security services or elsewhere, impunity was a problem. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were several reports the government or its agents committed arbitrary or unlawful killings. On September 8, media reported security forces in Apaa Parish in the north shot and killed five persons during a land dispute over the government’s border demarcation. -
4Th Annual Joan Kagezi Memorial Lecture Report
European Union 4TH ANNUAL JOAN KAGEZI MEMORIAL LECTURE REPORT Courts not Guns: Combating Terrorism KAMPALA, UGANDA | 17 APRIL 2019 ORGANISED BY THE OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS IN PARTNERSHIP WITH THE WAYAMO FOUNDATION. 2 THE UGANDAN OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS & THE WAYAMO FOUNDATION TABLE OF CONTENTS Opening remarks Mike Chibita, Ugandan Director of Public Prosecutions Bettina Ambach, Director, Wayamo Foundation, Berlin page 3 Keynote Speech: Courts not Guns: Combating terrorism through the law Nicolas Guillou, Judge at the Kosovo Specialist Chambers and Chef de Cabinet to the President of the Special Tribunal for Lebanon page 6 Testimony by a survivor of the 2010 terror attack in Kampala Tagoya Bernard, Police Officer page 9 Panel discussion: Investigation and prosecution of terrorism cases using domestic and international law with a focus on victim participation Moderated by: Charles Elem Ogwal, Deputy Director of Public Prosecutions Philipp Ambach, Chief of the Victims Participation and Reparations Section in the Registry of the International Criminal Court (ICC) Justice Susan Okalany, Ugandan High Court Judge John Ndungutse, Assistant Inspector General of Police page 10 Remarks from the Chief Guest Hon. Major General Kahinda Otafiire, Minister of Justice and Constitutional Affairs page 14 Disclaimer: This publication was produced with the financial support of the European Union. Its contents do not necessarily reflect the views of the European Union. FOURTH ANNUAL JOAN KAGEZI MEMORIAL LECTURE REPORT | 2019 3 OPENING REMARKS MIKE CHIBITA Ugandan Director of Public Prosecutions Following the singing of the Ugandan national anthem and the rule of law instead of resorting to guns as a and a prayer ceremony, the 4th Annual Joan Kagezi means to achieve conflict resolution and justice. -
Special Sessions for Sexual and Gender Cases 788 Sexual and Gender Based Violence Cases Cleared in 40 Days
Issue 12 |January 2019 Special sessions for sexual and gender cases 788 Sexual and Gender Based Violence cases cleared in 40 days Key highlights for the 21st Annual Judges’ Ben Kiwanuka Memorial year 2018 Conference - Concept Lecture rekindles fond memories THROUGH THE LENS Top representatives of the Executive, Legislature and the Top representatives of the Executive, Legislature and the Judiciary at the 2018 Opening of the New Law Year event Judiciary at the 2018 Opening of the New Law Year event at the Judiciary headquarters in Kampala on January 29, at the Judiciary headquarters in Kampala on January 29, 2018. The event is a State function. 2018. The event is a State function. Justice and Constitutional Affairs Minister, Kahinda Otafiire, The Principal Judge, Dr. Yorokamu Bamwine, inspects an is joined by Justice, Law and Order Sector stakeholders at inmates’ food stall at Luzira Prison Complex during a hands- the commissioning of Mitooma Justice Centres on August 30, on Plea Bargain training on May 2, 2018. Looking on is the 2018. Commissioner (Custodial Sentences), Robert Munanura. High Court Judge (Judiciary Projects/Execution & Bailiffs Secretary to Judiciary, Kagole Expedito Kivumbi, in a Division), Gadenya Paul Wolimbwa, displays the Sudreau Global candid talk with Judiciary senior management staff during Justice Award 2018 that he received in recognition of his a team building exercise at the High Court Gardens in contribution to the Justice Sector in Uganda, June 21, 2018. Kampala on September 6, 2018. INSIDE. The best is yet to come 2 21st Annual Judges’ Conference - Concept 5 Judiciary highlights for the year 2018 20 788 cases cleared in 40-day SGBV sessions 25 Ben Kiwanuka Memorial Lecture rekindles he New Year is a time for looking back and for fond memories looking forward. -
Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities
Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities. How to Reward Efficient and Independent Decisions Asiimwe Jackline-Bainipai* Abstract This piece of work is discusses the systems of remuneration of judges and promotion possi- bilities as well as rewarding efficient and independent decisions in Uganda. The research finds that whereas these three form part and parcel of the core of an independent judiciary, and whereas there are adequate legal provisions, the enforceability is lacking due to the fact that there are high levels of interference by the executive in the function of the judiciary. The remuneration, reward of an efficient judge are largely dependent on paying allegiance to the executive and deciding cases in appeasement of the executive. Yet, the remuneration, promotion and reward are supposed to be on merit. They should also be established by law and not subject to arbitrary interference from the executive. This study has revealed how the executive has substantial impact on remuneration, promotion and reward of efficient judges. Judges that decide cases according to the law irrespective of the interests of the exe- cutive are sidelined in the promotions, remunerations and reward. The study makes relevant conclusions and recommendations. “The remuneration of the judges is not sufficient to induce the ablest lawyers in the prime of life to accept judicial office. If that state of affairs is allowed to continue it must have serious effect upon the administration of the law. It will impair those intel- lectual standards which have made our English legal system a great legal system; it will tend to impair that law abiding instinct which is the condition precedent for the maintenance of a high standard of civilization, and it will weaken the chief remaining guarantee for the prosecution of the liberties of that subject.”1 With reflection on the above statement on remuneration, this piece of work discusses remu- neration systems and promotion possibilities and how to reward efficient and independent judges from the Ugandan perspective. -
Strategic Investment Plan IV
THE REPUBLIC OF UGANDA OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Vote 133 Strategic Investment Plan IV FY 2019/2020 Performance Report September 2020 Contents Acronyms ................................................................................................................................................ 3 1. INTRODUCTION .............................................................................................................................. 6 2. ASSESSMENT FINDINGS ................................................................................................................ 7 2.1 Summary of achievements realised at outcome level ........................................................ 8 2.2 Detailed findings ........................................................................................................................ 9 OUTCOME 1: CRIMINAL PROSECUTION SERVICES EFFECTIVELY MANAGED .............. 10 OUTCOME 2: OBSERVANCE OF PROSECUTION MEASURES/STANDARDS PROMOTED ................................................................................................................................................................ 82 OUTCOME 3: ENHANCED ACCESS TO PROSECUTION SERVICES ...................................... 94 OUTCOME 4: INTERNATIONAL CRIMES EFFECTIVELY MANAGED AND COLLABORATIONS WITH INTER-STATE AGENCIES ENHANCED ................................... 175 HIV/AIDS: ...................................................................................................................................... 220 ENVIRONMENT: -
165 Chapter Six International Crimes Division of the High
CHAPTER SIX INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: CHALLENGES AND OPPORTUNITIES 6.1 Introduction Domestic investigations and prosecutions, where they are properly undertaken, are said to be the most effective process in ensuring accountability for international crimes. This is because states usually have the best access to evidence and witnesses and have their own enforcement mechanisms.1 Domestic prosecutions are also said to foster a greater sense of local ownership, which may in turn enhance local impact of trials and any potential deterrent effect. This best explains why under the ICC complementarity regime, domestic jurisdiction retain the primary responsibility to prosecute cases if they are ‘able’ and ‘willing’ to carry out investigations and prosecutions.2 To satisfy the ICC complementarity regime and to fulfil government’s commitment under the Agreement on Accountability and Reconciliation, the government of Uganda through a Legal Notice created a new Division of the High Court – the ICD to adjudicate international crimes.3 The creation of the ICD was in accordance to the Constitution of Uganda4 that provides that courts of judicature consisting of the Supreme Court, Court of Appeal, High Court and subordinate courts shall exercise judicial powers in Uganda as Parliament may establish by 5 law. The High Court of Uganda has original and unlimited jurisdiction in all matters and the 6 law may confer on it, appellate and other jurisdiction, thus, a division to specifically handle 1 Office of the Prosecutor ‘Paper on some Policy Issues before the Office of the Prosecutor’ ICC-OTP 2003 part 1 para 4 http://amicc.org/docs/OcampoPolicyPaper9_03.pdf (accessed 9 January 2012). -
City Bombings Trial Resumes
NATIONAL NEWS NEW VISION, Monday, June 8, 2015 3 City bombings trial resumes Museveni (right), By Andante Okanya Kenyatta, Kagame and The trial of the 13 men accused of other officials having a link with the July 11, 2010 after the Kampala twin bombings, is scheduled summit in to resume today at the High Court’s Kampala on criminal division in Kampala. Saturday. It resumes after a two-month break, The states following the assassination of the also signed a lead prosecutor, Joan Kagezi, who Memorandum was gunned down on March 30, of by unknown assailants in Kiwatule, Understanding Kampala. She was on her way home. on cyber The accused are Hussein Agad, security Idris Magondu, Isa Luyima, Hassan and a policy Luyima, Abubakari Batematyo and on fighting Yahya Suleiman Mbuthia. terrorism. Others are Habib Njoroge, Photos by Abu Omar Awadh Omar, Mohammad Mwesigwa Hamid Sulaiman, Seleman Hijar Nyamandondo, Mohammad Ali Mohammad, Ismael Kalule and Muzafar Luyima. The Directorate of Public Prosecution’s new-look team of five prosecutions comprises Suzan Okalany, Lino Anguzu, Thomas Jatiko, Regional heads start Rachael Bikhole and John Bosco Asiimwe. A total of 76 people monitoring projects perished in the two THE LEADERS LAUNCHED A WEB PORTAL separate attacks By David Mugabe and presidents Paul Kagame (Rwanda), on July 11, 2010 in Taddeo Bwambale Uhuru Kenyatta (Kenya), ministers and delegates from South Sudan, Northern Corridor member states; Tanzania, Burundi, Ethiopia and the Kampala. Uganda, Kenya and Rwanda, have Democratic Republic of Congo. agreed to form an authority to Museveni, Kagame and Kenyatta expedite the implementation of held closed-door talks and later The defence lawyers are Caleb infrastructure projects in the East briefed delegates on the progress Alaka, Onyango Owor, Yunus African region. -
Judicial Officers Should Retire with Benefits- Museveni
DIC JU IA E R H Y T U GAN DA Magazine Issue 03 | April - October, 2015 INSIDE: Judicial officers should retire with benefits- Museveni Meet the newly Hotlines to boost fight elevated Justices against corruption Judges pose with President Yoweri Museveni after a meeting at State House, Entebbe on September 2. NEW JUDICIARY COMMITTEES Judiciary Editorial Board What you need to know Dear colleagues and friends of the Judiciary, on June 11, 2015, the Hon. Chief Justice, Mr Bart Katureebe, inaugurated the Judiciary Editorial Board Committee. s chairperson thereof, I take this Our duties are to regularly plan, poor internal communication, a opportunity to introduce my review and approve the content of negative public mindset towards the Ateam which includes Mr. Gad- official positions of the Judiciary which Judiciary and many others. However, it enya Paul Wolimbwa (Chief Registrar), are intended for the public; enhance is our hope that with your concerted Mrs. Dorcas Okalany (Secretary to and sustain information sharing and effort, we can achieve what we have set the Judiciary), Mr. Eliasa Omar Kisawuzi communication within and outside the out to do. We keep our communication (Registrar/PRO), Ms. Jessica Chemeri Judiciary with the view to improving lines open for ideas and means on how (Senior Law Reporting Officer) and Mr. public trust and confidence in the to take our Judiciary to greater heights Solomon Muyita (Senior Communica- Judiciary; create general awareness and call on all of you not to take the tions Officer). about the courts in Uganda; oversee back seat. the branding of the Judiciary to improve DIC JU IA E R H Y T U Our mandate includes the enhancement its image and the production of The Together we can! GAN DA of effective administration of justice Judiciary Insider magazine and other by judicial officers and streamlining publications from time to time. -
Forum for International Criminal Justice Newsletter: April 2015
Forum for International Criminal Justice Newsletter: April 2015 Welcome to the IAP’s Forum for International Criminal Justice (FICJ) April 2015 Newsletter which focuses on the prosecution of war crimes, crimes against humanity and genocide, including a roundup of video highlights, publications,events and the major news developments from the past month. Please note that the items included in this publication do not automatically carry any endorsement from the IAP. Domestic legal news covered in this Newsletter includes: Poland court clears soldiers of Afghanistan war crimes; Bosnia's war crimes court marks 10th anniversary with more than 450 prosecutions; US- Trained Iraqi Forces Investigated for war crimes; Sri Lanka president Sirisena pledges war crimes inquiry; and German prosecutors are investigating members of the Syrian government for crimes against humanity. *Please have a look at the FICJ forum page on the IAP website and feel free to contribute: the Forum provides individual prosecutors with a password protected space to post news, announcements, etc. and to pose questions to fellow prosecutors from around the world. Your contributions will also be posted in this monthly newsletter. Passwords are provided to IAP members – if you do not have a password, check your membership status by contacting the IAP Office Manager, Evie Sardeman: [email protected]. Danya Chaikel – FICJ Coordinator | email: [email protected] Video Highlights Click here to watch the International Click here to watch an Aol video clip on Criminal Court’s (ICC) welcoming Join the FICJ community: WWW.IAPSerbian-ASSOCIATION.ORG/FICJ Prosecutors’ first arrests/HOME of suspects ceremony to the State of Palestine which of the Srebrenica massacre, “a milestone in1 became the 123rd State Party to the Followhealing us the on woundstwitter: of @iaprosecutors Europe's worst Rome Statute, the ICC’s founding treaty. -
Performance of the Supreme Court for 2017 Made to the 20Th Annual
PRESENTATION OF PERFORMANCE OF THE SUPREME COURT MADE AT THE 20TH ANNUAL JUDGES’ CONFERENCE AT THE SPEKE RESORT HOTEL, MUNYONYO, KAMPALA 21ST – 25TH JANUARY, 2018 BY HON. JUSTICE JOTHAM TUMWESIGYE JUSTICE OF THE SUPREME COURT - The Hon. The Chief Justice - The Hon. Deputy Chief Justice 1 | P a g e - The Hon. The Principal Judge - Honourable Justices and Judges - Your Worships the Registrars and Magistrates - The Administrative Staff - The facilitators - Distinguished Ladies and Gentlemen. Introduction: Am pleased to once more share the Performance, Opportunities and Challenges the Supreme Court experienced in the year 2017. The Supreme Court of Uganda is currently housed in rented premises at Kololo, Kampala. The Supreme Court of Uganda is a creation of the 1995 Constitution. It is the final Appellate Court in the country. In matters of Presidential Election disagreements, Section 59 of the Presidential Elections Act, gives the Supreme Court original jurisdiction in the Presidential Election Petitions. To those of us who have had the opportunity to listen to the previous reports, it will be clear that, the narrative in many aspects remains unchanged. The reason is that the circumstances on the ground have remained the same 2 | P a g e especially in as far as the physical challenges the Court faces are concerned. Composition of the Supreme Court: The composition of the Supreme Court is laid out under Article 130 of the Constitution. It consists of the Chief Justice and such other numbers of Justices not being less than six, as Parliament may by law prescribe. Currently the prescribed number of Justices, according to the Judicature (Amendment) Act 2007, inclusive of the Chief Justice, is 11. -
“Good Governance“ on the Stage
A Thesis Submitted for the Degree of PhD at the University of Warwick Permanent WRAP URL: http://wrap.warwick.ac.uk/47800 Copyright and reuse: This thesis is made available online and is protected by original copyright. Please scroll down to view the document itself. Please refer to the repository record for this item for information to help you to cite it. Our policy information is available from the repository home page. For more information, please contact the WRAP Team at: [email protected] warwick.ac.uk/lib-publications Performing “good governance:” Commissions of Inquiry and the Fight against Corruption in Uganda by Monica Twesiime Kirya Thesis submitted in partial fulfillment of the requirements for a Doctor of Philosophy (PhD) Degree in Law University of Warwick School of Law Supervisor: Prof. Abdul Paliwala July 2011 Table of Contents Dedication ..................................................................................................................................... i Lists of Tables, Cases and Laws ............................................................................................. ii Acknowledgments ...................................................................................................................... v Declaration ................................................................................................................................ vii Abbreviations and Acronyms .................................................................................................viii Abstract ....................................................................................................................................... -
Chief Justice Katureebe's Key Milestones
Issue 06 | May-July 2016 Chief Justice Katureebe’s key milestones 130 judicial appointments, promotions since 2015 INSIDE Commercial Justice 3,000 cases cleared Litigants recover billions Reports launched through Plea Bargaining as SCP reaches 26 courts President Yoweri Museveni (L) receives the Coat of Arms from Chief Justice, Bart M. Katureebe, after swearing-in as the 12th President of the Republic of Uganda on May 12, 2016. INSIDE... Count your blessings name 2 | Chief Justice Katureebe’s key achievements them one by one 4 | 3,000 cases cleared through Plea Bargaining 6 | The Judicature (Plea Bargain) Rules, 2016 any choose to capitalise on what they do not have in- 8 |CJ explains presidential election petition, Dr. Besigye treason case stead of identifying and celebrating what they have. 10 | 80% of election petitions concluded We, at the Judiciary, love to celebrate our milestones with oomph. We look at achievements as stepping 11 | Meet the new judicial officers Mstones for bigger things. 12 | Commercial Justice Reports launched For the first time, the Judiciary launched two Commercial Justice 13 | Chief Inspector of Courts embarks on countrywide tour Reports to highlight how both the Commercial Division of the High Court and the Small Claims Procedure have been a dream-come-true 14 | Pictorial: Judiciary through the lens for the Ugandan business community. 16 | Judges okay adoption of appellate mediation For Small Claims Procedure (SCP) – now operational in 26 of the 38 17 | Courts to get children’s testimonies by audio video link Magisterial Areas across the country in just three years after its launch 18 | Litigants recover billions as SCP reaches 26 courts – is a success story for both the Judiciary the court users.