Landmark Judgment on Civilian Trials in Military Courts Looms

Uganda's Top Court to Rule on Legality of Civilian Trials in Military Courts.

KAMPALA, Uganda - The Supreme Court of Uganda will deliver a pivotal judgment on January 31, 2025, deciding the constitutionality of trying civilians in military tribunals. The ruling in the case, Attorney General vs. Hon. Micheal Kabaziguruka (Constitutional Appeal No. 02 of 2021), is set for 9:30 AM.

The case was filed in 2021 by former opposition lawmaker Micheal Kabaziguruka, who himself faced charges in a military court. It has sparked intense public debate over the fairness and legality of such trials.

Human rights defenders, lawyers, and activists have long criticized the practice of subjecting civilians to military jurisdiction. They argue it violates the right to a fair trial and contravenes Uganda's obligations under international law.

Recent protests led by human rights lawyers Agather Atuheire and Eron Kiiza have brought renewed attention to the issue. Kiiza was sentenced to nine months in prison by a military court for alleged contempt while representing clients in similar cases.

Critics say military courts, designed for the armed forces, lack the necessary safeguards to ensure due process and impartiality for civilian defendants. They contend it undermines judicial independence and the separation of powers.

However, President Museveni maintains that military tribunals have contributed to Uganda's stability by enforcing discipline in the army and handling security-related cases.

The upcoming ruling could have significant implications. If the court finds military courts lack jurisdiction over civilians, it could invalidate past and ongoing cases, potentially triggering retrials or dismissals. Upholding the practice could fuel further protests from civil society groups.

Legal experts say the case goes beyond a technical legal dispute. At its core, they argue, it is a fundamental question of human rights, justice, and the rule of law in Uganda.

The judgment comes after years of delays and mounting pressure for the Supreme Court to resolve the contentious issue. The outcome is expected to set a crucial precedent for the limits of military jurisdiction over civilians in the country.
 

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