What happened to Counsel Lukwago strikes at the heart of justice. Arresting and intimidating a lawyer for
_preparing to serve court papers_ is a direct attack on the rule of law. If advocates can’t file and serve process safely, the courts themselves are under siege.
I hope this time the Judiciary will apply its Constitutional Duty under
Article 126(1), of The Constitution of Uganda. _“Judicial power is derived from the people and shall be exercised by the courts… in the name of the people and in conformity with law and with the values, norms and aspirations of the people.”_
When an officer of court is “abducted” for doing his job, the Judiciary must:
– Issue a statement The Chief Justice or DCJ or PJ should publicly condemn any interference with legal process. Silence reads as consent or complicity.
– Demand immediate disclosure: Courts have inherent power to require security agencies to produce a detained advocate and state where he is he is especially where messages shared are distressing like what we are seeing-
Protect the process:
No person is above service of process.
– Judiciary has been put on trial by these events as to whether it will protect the judicial process or not.The whole world is watching I believe.
– As for Ugandans ,its difficult to know what they think: New Normal has arrived for them.
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Secondly Uganda Law Society must defend its members and the rule of law.
They should file an-
Emergency petition in High Court for Lukwago’s production and safety. They should not wait for end of 48 hours.
ULS should Call for judicial inquiry Into the “basement” photo, the arrest, and likely torture.
Surely the Provisions of the Constitution particulatly Article 24 of the Constitution protects people from torture as “No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment.”. It is mandatory.
I saw members on LDC Legal Alerts forum supporting Torture of suspects, and these were both Judicial Officers and Advocates,
I hope they have seen the dangers of tolerating torture of anyone arrested
I hope ULS will be serious on formally bringing this to the attention of the International community because independence of the judicial officers and lawyers has been terribly affected.
They are now siezed with fear.
Lawyers who would persue this matter might be the next victims. No one is safe.
If ULS does not rise up and take practicable steps, the rights of their members to practice under Article 40(2) – Every Ugandan has a right to practice their profession will seriously be affected.
2. Independence of lawyers under UN Basic Principles on the Role of Lawyers must be upheld. _“Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.”_
3. There can be no justice without Access to courts.
If lawyers are arrested for serving papers, you’ve shut the court doors there by violating Article 28– Right to a fair hearing.
Every person regardless of the nature of his or her case has a right to legal representation.
Harrassing lawyers should be condenmed in the strongest terms and action taken.
Even the Holy Word of God provides for legal services.
Proverbs 31:8-9: _“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.”_
Isaiah 1:17: _“Learn to do right; seek justice. Defend the oppressed.”_
A reign of terror starts when advocates are punished for representing particular clients or filing papers in court.
It ends when the Judiciary says _“No. Not on our watch.”_
That is why Judiciary and ULS has to work together to end this foolishness and impunity
What should happen next
1. Immediate production: Lukwago must be brought before a judge within 48 hours per Article 23(4).
2. Medical examination: If the photo shows distress, an independent doctor must assess him for torture.
3. Protective orders: Court should bar security agencies particulary UPDF, from interfering with lawyers serving process in any case filed in Ugandan courts.
4. The judiviary should come out to condenm illegal ingazetted basements for this is not the first time its happening
Everything goes back to the Judiviary as an arm of Government.
Terror cannot rule where law stands.
Judiciary should apply the law as it is. Their current complicit is allowing terror to stand. Eddy Mutwe, and others would not be in jail now if _Judiciary was exercising its Judicial independence.
I know the word of God says:
“Tyranny will be far from you; you will have nothing to fear” Isaiah 54:14
But that promise requires judges, lawyers, and representatives of citizens in Parliament to act and citizens themselves.
Silence means you have consented to Terror.
Is that so for Ugandans?
Let Lukwago’s case open our eyes.
No one is safe .
From Enen Legal World:
This Blog foreshadows for a high ranking Judicial Officer who prefers to remain anonymous for fear of “the basement” which is nolonger a secret.
For feedback or comments:
enen@enenlegalworld.com
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