Assessing the implementation of the suspects’ right to personal liberty by Uganda Police Force: a case study of Sipi Region (2005-2019)

Abstract

The study was done to assess the implementation of the suspects’ right to personal liberty by the Uganda Police Force focusing on Sipi Region as a case study. It explores the right to personal liberty, assesses the extent to which the suspects’ right to personal liberty is respected by Uganda Police Force, finds out challenges the Uganda Police Force faces in implementation of the suspects’ right to personal liberty and elaborates on the impact of suspects’ continued detention beyond 48hours in police custody. The research design used is a case study and a qualitative approach employed with research methods like document analysis, participant observation and key informant interviews. The major findings of this investigation show that suspects are still detained beyond forty eight hours by the Uganda Police Force because of challenges like: magistrates working few days in a week while some state attorneys operate over a wide area; offences committed across borders or within Uganda that require movement across the country; capital offences like terrorism and murder that require extensive investigations in laboratories which are not in Uganda; slowness in investigations caused by lack of proper training, inadequate facilitation, premature arrests, legal lacunae, political interference and corruption. Detaining suspects beyond forty-eight hours contravenes other constitutional rights like the right to speedy and fair trial. It also creates an environment where torture, overcrowding and other ill treatment are likely to occur to suspects. And lastly, it increases government expenditure in form of suspects’ basic necessities like food, water and medication among others. To observe the suspects’ constitutional forty-eight hours, more judicial officials should be recruited, employ modern speedy investigation methods before arrests, enhance detectives capacity building, detaining suspects on remand and revisiting our laws to address legal lacunae. The findings of this study will hopefully be significant to policy makers, Uganda Police, researchers and the general community.