Friday afternoon, HURINET Uganda, the country´s biggest and most powerful network of independent human rights organisations, issued the below statement on the recent government orchestrated attacks on the judiciary´s independence and also on the persistent electoral violence, now threateting to undermine the forthcoming elections´ credibility. (03-FEB-06)
 
PRESS STATEMENT
ATTACK ON THE INDEPENDENCE OF THE JUDICIARY AND PERSISTENT ELECTORAL VIOLENCE.

HURINET-U is concerned at the continued onslaught on basic civil and political rights.

The statement made by the Coordinator of security services and a high ranking Officer of the Uganda Peoples Defense Forces (UPDF), Gen. David Tinyefuza, while appearing on the KFM radio station on Wednesday 1st Feb 2006, outrightly attacked the Judiciary and contended that the army cannot be ordered by the courts of law .He further accused the Judges of siding with “wrong doers” instead of helping the State. This was reported in the Daily Monitor News paper of 3rd Feb 2006. His statements echoes earlier statement made by the Chairman of the General Court Martial (GCM) Gen Elly Tumwine that not even the Chief Justice could regulate the GCM. The fact that high-ranking army officer are attacking the judiciary with impunity is an awesome trend that could be taken to mean:

1) That the army has no respect for rule of law
2) That the army does not respect the cardinal principle of separation of powers
3) That the army in Uganda is not subject to civil authority

Whereas the state has a legitimate and important duty to fight and punish crime, it is equally important that crime is punished justly and in accordance with the law.

Article 128 of the 1995 Constitution of the Republic of Uganda provides for the independence of the judiciary:

1) In the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authority;

2) No person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions.

HURINET, Uganda is also concerned with the continued electoral violence especially carrying of fire arms by some persons dressed in party colours (yellow) as seen in Bukedde and the New Vision News papers of 3rd Feb 2006.

Arming of the party members undermines the whole electoral process and puts doubts on the fairness of 2006 General elections.

In view of all the above, we wish to state the following;

1. The judiciary is an independent body of the state whose functions and decisions must be respected and not interfered with.
2. There are legitimate means of seeking redress from court decisions that any person may not agree with.
3. The police should disarm party members and ensure that political party supporters/members do not use violence against each other
4. We call upon the Electoral commission to be vigilant and ensure that electoral laws are respected.
5. Party members desist from arming their supporters and inciting them from any act of violence.
6. We wish to remind Gen Tinyefuza and the general public that the existence of the court system/judiciary is not governed by the army or any political party.

Ndifuna Muhammed 100.jpgNdifuna Mohammed
Ag. National Coordinator
Human Rights Network, Uganda (HURINET, UGANDA)