DPP Calls For Amendment Of 48 Hour Detention Rule In The Constitution

The  Director of Public Prosecutions (DPP) has proposed amending the constitution of Uganda to extend detention hours for suspects with capital offences.

Currently, Article 23(4) (b) of the Constitution provides that “a person arrested or detained upon reasonable suspicion of his or her having committed or being about to commit a criminal offense, shall, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of hie or her arrest”.

During the 10th annual conference of the East Africa Association of Prosecutors (EAAP) that started on Monday, in Munyonyo, the DPP Jane Frances Abodo stated that it is not logical to carry out investigations within the stipulated time especially for capital offences like terrorism and aggravated robberies among others.

She explained that for a suspect to be presented in courts of law, some investigations must be undertaken so as to press charges.

Lady Justice Abodo, says it has been 28 years since the constitution was put in place and certain changes are necessary.

“You cannot say that within 48 hours, you can be able to actually do a meaningful investigation of a terrorism case and have someone in court…. otherwise we shall not have anyone in court. The 48 hour rule should be there but we are asking….can the time be enlarged in some cases, that we go to court and ask for enlargement of time…that we have ABCD to handle…we are not saying all offences but it will be a case by case basis and not generally,” said Abodo.

Adding that : “The 48 hours is constitutional but it is impracticable for us who are on ground. It is really impracticable to do that in some cases…these are cases we are saying that we should be able to go to court and make an application for more hours to cover some ground investigations. We can keep the person beyond the 48 hours,” Abodo emphasized.

She also noted that the 48 hours can be ideal if there are enough prosecutors on ground to handle investigations quickly.

The 10th annual conference of the East Africa Association of Prosecutors (EAAP)  brings together 11 prosecuting agencies from different African countries like Kenya, Uganda, Tanzania, South Sudan, Zambia, Ethiopia, Burundi, Rwanda, Malawi and others.

The conference is under the theme “Trans-boundary Crime: Practical Approaches to Protecting Women and Children.”

In his statement, Chief Justice Alfonse Owiny-Dollo also said that the conference theme is appropriate as studies regionally and globally have indicated that women and children make up the vast majority of victims of crime globally.

“This is no exception for the East, the South and the Horn of Africa regions. Victimhood for the most vulnerable of society is exacerbated when it takes the form of a trans-boundary nature. Trans-boundary crimes include human trafficking, cyber-crime, terrorism, and money laundering, among others. Trans-boundary crimes put the victims in a more precarious situation, across the borders of their mother countries. Women and children, who are the most trafficked lot, are more susceptible to sexual exploitation and abuse,” said the Chief Justice.

He added that law enforcement agencies are enjoined to intervene with a view of ameliorating the effect of transboundary crime. Owiny- Dollo encouraged African countries to cooperate to fight the problem saying that no one nation or agency or institution of government can single handedly combat transboundary crime.