Scrapping bail is a violation of human rights - Opposition

In Summary
  • scrapping bail is unconstitutional
  • Likely to jeopardize presumption of a suspect’s innocence until proven guilty.
  • the Presumption of innocence is cardinal in our criminal procedure system
Opposition chief whip JohnBaptist Nambeshe,looking on is Asuman Basalirwa
Image: By Edwin Muhumuza

Opposition Members of parliament have accused president Museveni of violating human rights following his campaign against bail for capital offences.

They made the remarks in their caucus led by the opposition chief whip John Baptist Nambeshe.

‘We will not entertain president Museveni's proposal at all because it is a violation of Human rights,’ said Asuman Basalirwa.

Recently, while presiding over the 4th memorial lecture of slain Chief Justice Benedicto Kiwanuka at the Judicial headquarters in Kampala, President Museveni said that granting of bail is a provocation which will not be accepted that the process of dispensing justice has to be harmonized. 

The matter of bail has been the Presidents concern for a long time now and has since 2011 been calling for its removal and the climax was in a tense address at the High Court Building, where soldiers dragged out and later killed the former chief justice under Idi Amin 49 years ago.

His move has prompted constitutional experts to warn that it could backfire since it threatens the presumption of a suspect’s innocence until proven guilty.

A section of opposition legislators address the media
Image: By Edwin Muhumuza

Museveni said that rendering bail at the discretion of judges was a “provocation” to the offended communities that he said are certain to retaliate against the suspects’ freed pending trial.

In a separate event, the Democratic Party spokesperson Okoler Opio said that the move was unconstitutional and it will suppress the independence of the judiciary and also jeopardize the dispensation of justice for Ugandans. President Museveni also demanded that convicted murderers should automatically suffer death by hanging.

Lwemiyaga County representative Theodore Ssekikubo said “the Presumption of innocence is cardinal in our criminal procedure system. Today you may think it is Hon. Allan Ssewanyanna and Hon. Sseggirinya but tomorrow it may be you. I see MPs of UPDF but they are quiet".