Justice Catherine Bamugemereire Halts Civilian Trials in Court Martial, Calls for Reforms

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In a groundbreaking ruling, Supreme Court Justice Catherine Bamugemereire has suspended all civilian trials in the General Court Martial (GCM), declaring the military tribunal’s jurisdiction over civilians to be unconstitutional.

Justice Bamugemereire Suspends All Civilian Trials in Court  Martial

Her decision has highlighted the need for urgent legal reforms in Uganda’s military justice system, especially regarding the trial of civilians.

Justice Catherine Bamugemereire  stated that the GCM does not have the constitutional authority to try civilians, pointing out that its structure and procedures violate the constitutional guarantees of fairness and impartiality.

She emphasized that judicial power is vested in the judiciary, and the GCM is subordinate to the regular judicial system.

“It is an overreach to create an offense making civilians liable for crimes under military law,” she noted.

Justice Catherine Bamugemereire
Justice Catherine Bamugemereire

As part of her ruling, Justice Bamugemereire ordered a suspension of all ongoing civilian trials in the General Court Martial, while cases involving military personnel could continue.

She further directed that soldiers accused of offenses against civilians should be tried in civilian courts, as mandated by the Constitution. All pending cases in the GCM were also placed under judicial review, with a halt on further proceedings.

This decision follows a similar judgment by Justice Monica Mugenyi, who, along with a panel of seven justices, had earlier ruled that section 117(1)(h) of the Uganda People’s Defence Forces (UPDF) Act—allowing civilians to be tried in military courts—was unconstitutional.

Justice Mugenyi expressed concerns about the GCM’s lack of impartiality and independence, stating that it does not align with the Constitution. She called for reforms to ensure military courts operate independently, suggesting that the appointment of judges to the GCM should involve consultation with the Judicial Service Commission to guarantee their legal expertise and impartiality.

Both rulings signal a major shift towards greater judicial oversight and the protection of civilians’ rights. The decisions highlight the need for reform in Uganda’s military justice system, ensuring that civilians are not tried in military courts in violation of their constitutional rights.

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This ruling also carries weight in the context of ongoing high-profile trials, such as that of opposition leader Dr. Kizza Besigye, underscoring the importance of fairness and impartiality for all Ugandans, regardless of political affiliation.

These judgments set the stage for aligning Uganda’s military justice system with the constitutional right to a fair trial, offering a clearer path toward reforms in the country’s legal framework.

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