The Hon. Chief Justice Bart Katureebe speaking at the launch of Audio Visual link technology at the High Court in Kampala
Kampala:\r\nThe\r\nChief Justice, Hon. Justice Bart M. Katureebe on August 17, 2016 launched yet a new\r\nJudiciary innovation that will enable courts to take evidence by Audio-Visual\r\nLink.
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Faced with delays and increasing costs associated with\r\nhearing cases, the new technology is intended to ease the taking of testimony\r\nby the courts from vulnerable witnesses like children, the elderly and whistle-blowers, who would testify from afar.
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With support from UNICEF, the Judiciary has installed\r\nClosed Circuit Cameras that are connected to TV monitors in the High Courts of\r\nKampala, Gulu and Fort Portal. Similar facilities will soon be installed in the\r\nHigh Court Circuits of Mbale, Mbarara, Arua and Masindi.
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"Audio-Visual link refers to giving or receiving of\r\nevidence through electronic means without a person physically appearing in\r\ncourt,” explained Judiciary’s Technical Advisor, Mr. Andrew Khauka, who is also\r\nthe project coordinator.
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According to the Judicature Audio-Visual Rules No. 26 of 2016,\r\na person can give evidence using this technology under the following\r\ncircumstances;
Where\r\nproceedings relate to sexual or violent offences
- For\r\nsecurity reasons
- For\r\nsafety of a witness
- When\r\na witness lives outside Uganda
- Where\r\nit is inconvenient for the party to give evidence in open court
- For economic\r\nconsiderations
- Due\r\nto health reasons
- For\r\nany other reason the court deems necessary and appropriate that a witness gives\r\nevidence through visual-audio link.
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The innovation is one of the promises made by the Chief\r\nJustice during this year’s Opening of the New Law Year, where he pledged to\r\nsupport implementation of robust Information Communication Technology (ICT)\r\nsystems to expedite court processes and ease court public access to the court.
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Hon. Justice said children who are victims of sexual gender\r\nbased violence shall appear in court by audio-video link to save them from\r\nsecondary victimization, which they suffer when they physically appear in court\r\nto testify in full view of their alleged molesters.
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The system was successfully pre-tested in April this year\r\nat an event that was presided over by the Principal Judge, Hon. Justice Dr.\r\nYorokamu Bamwine.
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The legal\r\nframework
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Uganda is a signatory to the United Nations Convention on\r\nthe Rights of the Child which was ratified in 1989. The framers of the 1995 Constitution\r\nbearing in mind that Uganda was signatory to the Convention made provisions in\r\nthe Constitution relating to promotion of the rights of children. The 1995\r\nConstitution was internationalized by the Children Act Cap 59 which emphasizes\r\nthe upholding the best welfare principle which is to the effect that in whatever you do while handling cases of children it is important to adhere to\r\nthe interests of the child. In that respect, the atmosphere of court is\r\nimportant. The European Union and United Nations both have guidelines on child\r\nfriendly procedures.
Posted 17th, August 2016
