Uganda Court Refuses To Stay Trial Of Terror Suspects

Uganda's Constitutional Court on Wednesday turned down an appeal by 11 terror suspects challenging the manner of their arrest and detention, ordering the High Court to proceed with their trial.



"The prayer for the stay of criminal proceedings pending at the High Court against all the petitioners is rejected," ruled a five-judge panel, headed up by Justice Steven Kavuma.



The 11 suspects, who arrived at court amid tight security, had petitioned the Constitutional Court to protest the manner in which they were arrested and held.



They were arrested in Ugandan, Kenya and Tanzania for suspected involvement in the 2010 twin bombing in Kampala, the Ugandan capital, which killed 76 people and injured hundreds of others.



Petitioners said Ugandan police had received them in the absence of extradition proceedings and before their appeal against extradition from Kenya and Tanzania were heard.



They also alleged that officials from Uganda's Director of Public Prosecution had been present in Kenya and Tanzania after their arrest and during their interrogation.



The suspects also complained about their treatment in detention at the headquarters of Uganda's rapid response unit and on remand at the Luzira maximum prison.



"We find no reason to justify the stay of the case, considering that the alleged abuse of the court proceedings of all or some of the petitioners have not been conclusively established," said Kavuma.



"The offences with which all and each of the petitioners are charged with, such as murder, are serious and extremely grave," he asserted.



The suspects are each charged with 78 counts of murder, attempted murder and two counts of terrorism.



One of the suspects has also been charged with conspiracy to commit acts of terrorism.



"The petitioners jointly and severally – judging from their alleged respective conduct – may pose a serious security threat to life and property here and elsewhere abroad," Kavuma insisted.



He concluded that the petition had only succeeded in so far as some of the petitioners have proved that they had been detained more than 48 hours before being charged in court.



"The assessment of their compensation of this detention is thus referred to the High Court," said Kavuma.



Regarding allegations that statements by four of the petitioners had been obtained through torture, Kavuma referred the matter to the High Court, which will decide on the issue after hearing from the parties involved.



"The registrar is directed to remit High Court criminal case no. 1 of 2010 back to the High Court for the trial of the petitioners to proceed," Kavuma concluded.



By Halima Athumani



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