Unlocking the right to legal representation in Military Courts in Uganda

Abstract

Military Justice is generally viewed as a travesty of justice and the Right to Legal Representation as well is considered as a myth for accused persons facing trial in military courts. The court members, prosecutors and all staff of the court are viewed as one body subject to the same chain of command and the decorum of military discipline. The rationale for embarking on this research and writing this dissertation was to interrogate the efficacy of the Right to Legal Representation in Uganda’s Military Courts. This dissertation examines the nature and scope of the Right to Legal Representation under International Human Rights Law. It also examines the extent to which the Right to Legal Representation is realised and the challenges that hinder its realisation in military courts in Uganda. This dissertation establishes that efforts are in place to provide for the Right To Legal Representation in the Division Court Martials, General Court Martial and Court Martial Appeals Court. It also finds that the Right to Legal Representation is in abeyance in the Unit Disciplinary Committees, Summary Trial and Field Court Martials. This thesis studies the extent of enjoyment of the Right to Legal Representation in military courts in other jurisdictions specifically from Malawi, Tanzania and the Netherlands. This is intended to draw lessons from other jurisdictions. The research methodology utilized was qualitative research methods in gathering, interpreting and analysing data. Interviews were conducted on key informants that interact with military courts. The dissertation identifies gaps that require to be addressed and renders recommendations that could be adopted to enable military courts in Uganda to adhere to the Right to Legal Representation under the International Human Rights Law. This research was guided by the settled principle that human rights are universal, inalienable, indivisible, interdependent and interrelated. The Right to Legal Representation in military courts was contextualised in the general body of human rights specifically the general Right to a Fair Trial. The Right to Legal Representation cannot be fully realised without ensuring minimum guarantees to ensure that the Advocates appear before independent and impartial military courts.