FDC calls out Museveni for the proposed ban on Bail for Capital offenders

The opposition Forum for Democratic Change, the FDC party has noted that the right to apply for Bail is inherent to all Ugandans and that it is not absolute, but only granted on the desecration of the Court.

The party says that all Ugandans now have come to understand the meaning of Bail as a result of Museveni’s intentions to abolish Bail on capital offenses such as murder.

While addressing the press on Monday, John Kikonyogo the party’s deputy spokesperson said that bail may be denied or restricted, but the duty to deny bail lies on the state/ prosecution which may present compelling reasons to move Court to deny bail.

“In other words, every bail application is considered on its peculiar merit and circumstances. Uganda being a commonwealth country, falls under the Common Law system which is based on the presumption of innocence. In Uganda, the presumption of innocence is created under Article 28 (3) a of the 1995 constitution and it is entrenched under Article 44(c) of the same Constitution which makes the whole Article 28 non- derogable” Kikonyogo said.

He added that “Under Article 260 of the Constitution, the presumption of innocence as created by Article 28 (3)a of the 1995 Constitution entrenched by article 44c can only be repealed or amended by a decision of the people of Uganda through a referendum.”

He, therefore, argues that the presumption of innocence is a back born of Uganda’s criminal justice system and that the law requires that whoever grants bail it must be through discretional power, such a discretion must be exercised, judiciously (meaning balanced mind with a high degree of ethics and professional competence.

“Historically, on May 15th, 2011, Mr. Museveni set up a 5-member team to examine his idea of amending the Constitution to deny bail to suspects of economic sabotage, murder, rioters, and hostile media among others.nWe have Ugandans who were imprisoned, granted bail and were rearrested but Court found them innocent 10years later. Joseph Musasizi Kifefe (Kizza Besigye’s brother) Rebert Tweyambe and Frank Atukunda were accused of killing a none existent John Byarugaba in Bushenyi in July 2002. In 2007 they were granted bail and re-arrested, however, the then DPP Richard Buteera dropped charges on 18th Aug 2009 in a letter he wrote to Charles Kisakye, the Chief Magistrate of Bushenyi District by that time” Kikonyogo said.

He added that during that period Joseph Musasizi was denied treatment and later died in incarceration, later after 3 years, he was declared Innocent after his death. There is no kind of compensation that can be given to his family.

“As FDC we want to tell Ugandans that this Bail discussion is not new. Mr. Museveni has tried it many times before, the latest being in 2011. We call upon Ugandans not to take this discussion literally, his intention is to engage Ugandans into a constant discussion on the merits and demerits of bail. “