An analysis of human rights violations arising from delays in disposing of criminal cases in the High Court of Uganda

Abstract

Delays in disposing of criminal cases are rampant in Uganda including at the High court, which handles capital offences and cases on appeal. These delays arise from both the provisions in the law and the practice of courts. The right to a fair trial, which is, recognised both under international law and Uganda’s Constitution requires that persons charged with criminal offence should have their cases handled expeditiously. Therefore a violation of this right is both a violation of international law and the Constitution of Uganda. Violation of the right to a speed trial is not just a violation of the fundamental rights to a fair hearing, but also a violation of other fundamental human rights. This study analyses how delays violate the right to fair trial and also how they also violate other fundamental rights of the person. It starts with a presentation of the current situation in Uganda as regards delays in disposing of cases and focusing on the High Court. It then discusses how delays violate the right to a speedy trial and the other components of the right to a fair trial. It also discusses a range of other human rights that are violated due to delays in disposing of criminal cases. Finally, it concludes that indeed delays lead not only to violation of the right to a fair trial but also other fundamental human rights. It concludes with recommendations to the different stakeholders on what they should do to avoid the violation of human rights that is occasioned by delays in disposing of criminal cases in the High Court.