Standing : Hon. Dr. Zeija, Principal Judge at the interaction with inmates at the Luzira Prision
The Principal Judge, Hon. Justice Dr Flavian Zeija, on Tuesday October 10, 2023 visited Luzira Maximum Security Prison at the request of prisons authorities to address issues affecting inmates facing capital charges.
The engagement was organized by Avocats Sans Frontieres (ASF), the Austrian Development Agency and LASPNET-U that have been key in coordinating platforms that advocate for procedural rights of pre-trial detainees so that they can access timely justice.
While addressing the inmates and other stakeholders at the prison, Hon. Justice Dr Zeija attributed over stay on remand before and (or) after committal to the High Court for trial to inadequate numbers of Judicial Officers and funds to facilitate criminal sessions. However, he informed them that the Judiciary has embarked on multi-pronged strategies to address such challenges.
He cited the daily hearing of cases at the Criminal Division of High Court. The Principal Judge highlighted the appointment of more Judicial Officers and operationalization of new High Court as some of the other interventions that are improving the administration of justice.
"Currently, a number of High Court sessions are also on-going in different Courts in accordance with our limited resource envelope", he said. Adding that new High Courts of Entebbe, Wakiso and Lugazi will soon be operational to address issues such as overstay on remand.
The inmates were urged to embrace educational programs, vocational training, and counselling services within the Prison; for they are key in rebuilding and reintegrating their lives in society as responsible and productive individuals.
The Registrar Magistrates Affairs and Data Management, HW James Ereemye, who represented the Chief Registrar, HW Sarah Langa Siu, said that guidance from the Chief Justice, the office of the Chief Registrar issued directives to all Magistrates Courts where capital offences were mentioned to monitor remand periods and submit lists of those that have stayed for more than six months. He further asked the prisons authorities to share the same lists to enable courts address the issue of over stay on remand.
Dr Katja Kerschbaumer, the Head of Office at the Austrian Development Cooperation thanked the prisons’ authorities for the cooperation that has enabled them access prisons to implement their programmes. She pledged Austria’s support to justice institutions to enhance access to justice.
Issues Raised
The inmates in their memorandum highlighted a number of concerns including missing records such as files and documents, delayed trials hence long remand periods, deferred judgements, tough bail terms and conditions, delayed appeals due to missing lower court records and inadequate sensitization on e-court processes such as the Electronic Court Case Management Information System (ECCMIS) and videoconferencing facilities.
The inmates thanked the Judiciary for the daily hearings at the Criminal Division which has enabled them to regularly appear in court. They also thanked the Principal Judge for the multiple criminal sessions being held at the different courts.
Responses to The Concerns
In regard to missing files and documents, the Principal Judge noted that all Registrars and Judicial Officers in charge of stations have been tasked to reorganize their case file records especially where sessions were held outside the station.
This, he said, is intended to establish the exact location of the physical files. About delayed trials, he said appointment of more judicial officers, use of technology such as ECCMIS to reduce on missing and manipulation of court records, avenues such as plea bargaining, holding criminal sessions and use of audio-visual links between prisons and courts. About unstable internet during audio-visual hearings, the Principal Judge reassured inmates that NITA-U has increased the bandwidth of ECCMIS making it easy for virtual hearings to be conducted.
In regard to tough bail conditions, he said, "bail should not be used as a punishment but a condition for the prisoner to keep reporting to court."
The Project Coordinator ASF, Mr Rashid Bunya, said since June 2021, the project has provided legal support to over 10,000 pre-trial detainees. Adding that of that number, more than 2,000 were represented in court and secured procedural remedies.
He further revealed that under the campaign dabbed "Detainees Rights Matter", they have conducted outreaches in the prisons of Arua, Gulu, Pece, Kitgum, Lamwo, Hoima, Masindi, Kampala Remand and Murchison Bay. In all these prisons, sensitizations were conducted alongside Judicial Officers who came up with initiatives to expedite the handling of cases of pre-trial inmates.
The engagement was attended by among others; Mr Thijs Van Laer (Regional Director ASF), Ambassador Dr. Andreas Liebmann Holzmann (Australian Ministry of Foreign Affairs) as well as prison officials.
Posted 10th, October 2023
