okiring and another v republic of uganda communication 339 of 2007 2018 achpr 133 28 april 2018

okiring and another v republic of uganda communication 339 of 2007 2018 achpr 133 28 april 2018

The Commission found that the continued detention of the victims after bail orders and constitutional declarations was arbitrary and unlawful, violating Article 6. The trial of civilians before the General Court Martial violated Article 7(1)(b) and (d) as military courts lack jurisdiction over civilians. Denial of...

Source-derived case information.

Citation
okiring and another v republic of uganda communication 339 of 2007 2018 achpr 133 28 april 2018
Parties
Victim: Patrick Okiring; Victim: Agupio Samson; Respondent: Republic of Uganda
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
28 April 2018
Procedural Posture
Communication Before the African Commission on Human and Peoples’ Rights / Merits Determination Following Admissibility
Outcome
Partially upheld; violations found of Articles 6, 7(1)(b), (c), (d), and 26; no violation of Article 5.
Legal Topics
Arbitrary Detention, Right to Fair Trial, Judicial Independence, Military Courts and Civilians, Compensation for Human Rights Violations
Source Language
english
Human Rights Law Constitutional Law Criminal Law Arbitrary Detention Right to Fair Trial Judicial Independence Military Courts and Civilians Compensation for Human Rights Violations

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Parties

Patrick Okiring

Victim

Agupio Samson

Victim

Republic of Uganda

Respondent

Procedural Posture

Communication Before the African Commission on Human and Peoples’ Rights / Merits Determination Following Admissibility

Legal Issues

  1. 1 Whether the continued detention of the victims after bail and in defiance of court orders violated Article 6 of the African Charter
  2. 2 Whether the trial of civilians before military courts violated Article 7 of the African Charter
  3. 3 Whether the actions of the executive and security forces undermined judicial independence in violation of Article 26 of the Charter

Ratio Decidendi

The Commission found that the continued detention of the victims after bail orders and constitutional declarations was arbitrary and unlawful, violating Article 6. The trial of civilians before the General Court Martial violated Article 7(1)(b) and (d) as military courts lack jurisdiction over civilians. Denial of access to counsel and violence against lawyers violated Article 7(1)(c). The executive’s disregard for court orders and interference with the judiciary constituted a violation of Article 26. No violation of Article 5 was found due to lack of substantiated evidence of torture.

Court Disposition

Partially upheld; violations found of Articles 6, 7(1)(b), (c), (d), and 26; no violation of Article 5.

Orders

  • Government of Uganda to pay adequate compensation to the victims for violations of Articles 6, 7(1)(b), (c), (d), and 26.
  • Government of Uganda to determine and confirm the whereabouts and release status of Mr. Samson Agupio.