Briefly discusses the exercise of the power
to issue remedies in Human rights infringements by courts of law.
Human rights are entitlements to all
individuals regardless of color,sex, race etc. The fact that you are a human
being you automatically acquire such rights, they are God given, inherent,
interdependent etc.
A remedy is a form of a legal right
resulting from a successful law suite these fall in 3 categories namely.
a] damages- these involve monetary compensations and restitution
b] Cursive
remedies- such as omitting of specific human rights violations
c] Declaratory judgments
these determine individual rights
Under article 126[2] c of the1995
Uganda constitution power is granted to courts to award
remedies in cases there is infringements of the right
Right
to a fair hearing under article 28 (1-4)
- A right to legal
representation at the expense of the state under article 28[3] and
where the maximum sentence of life imprisonment and other capital offenses
which attract the maximum penalty of death
- Right to inform the next of kin
when arrested
- Right to access medication and a
personal doctor including private treatment at his /her expense
- Right to be produced in court
before 48 hours
- A right to apply for bail
- Right to a fair, speedy and public
hearing before an independent and impartial court/ tribunal
Also under article 44
the following freedoms are granted;
- Freedom from torture
and cruel inhuman or degrading treatment or punishment
-freedom from slavery or servitude
etc.
Courts
of law can award the following remedies in case there’san infringement of the
above rights
1. A right to habeas
corpus ;provided for under article 44 of the constitution, this
is granted when a person is detained beyond the 48 hour rule, and
also in situations of insecurity .it’s a non derogable right
In ochieng vs. Uganda 1969 EA 1
The accused was arrested and
detained for 10 days in custody without being taken to court held it was unconstitutional.
Any court including grade 11 magistrates’ courts can award such a remedy
2. Compensation; court also awards compensations as a remedy.
This should be provided for any economically accessibility damages
resulting from violations of human rights and these include;
- Physical or mental harm including
pain, suffering and emotional distress
- Loss of opportunities
- Harm to reputation or dignity
-costs incurred while seeking
redress [expert assistance]
3. Restitution ; court awards such remedy to redress the position in
which the petition was before an infringement occurred such cases like in
defamation etc.
4. Rehabilitation this occurs in case of gross violation that compensation
alone is not enough forinstance where need be for medical physiological
care as well as legal social care
5. Court can also encourage reconciliation through alternative
dispute resolution
Other remedies awarded by court are
administrative such as; mandamus,certiorari,prohibition,injection etc.
However court is not the only
instruction that can awards remedies, Uganda human rights commission and the
amnesty commission can also award remedies as per the mandate given to
them
In conclusion courts of law have tried
to exercise their mandate to issue remedies as per Art.126 of the 1995 Constitution,
although in same case it takes time for these remedies to be fulfilled with resistance
and interference from the executive.
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