National Implementation of IHL
Uganda Law Society et. al. v. The Attorney General, Constitutional Court, 5 February 2009
The Republic of Uganda in the Constitutional Court of Uganda at Kampala, Constitutional Petitions No. 02 0f 2002 and 08 of 2002, Uganda Law Society and Jackson Karugaba v. The Attorney General

05.02.2009
Constitutional Court of Uganda
http://www.ulii.org/ug/judgment/constitutional-court/2009/1-0 (last accessed on 03.10.2014)

Summary
On 5 February 2009, the Ugandan Constitutional Court ruled that the Constitution of the Republic of Uganda fully applies to martial courts. This case is related to the murder of three civilians in Kotido District in North Eastern Uganda, by two soldiers of the Ugandan Peoples Defence Forces (UPDF). On the same date of the events, ‘the two soldiers were tried, convicted, sentenced to death and immediately executed by firing squad’. The complaint petitions were raised arguing the whole process was not in accord with the Constitution. Conclusions of the Constitutional Court were that the process indeed violated the Constitution, mainly with regard to the right to a fair trial. In particular, the Court ruled that every person sentenced by a martial court had the right to appeal the decision.

Related laws and/or case-law: Constitution of the Republic of Uganda, 1995

Decision
File TypeSizeFile Name
application/pdf 154 KB Uganda - Uganda Law Society et. al. v. The Attorney General, Constitutional Court, 2009 [Eng].pdf