Legal Services

Participants of the Judicial Roundtable
 
 
 
 
Criminal Legal Defence
 
This component has three key activity areas: Reparation of Torture Survivors, Representation of Death row inmates and Paralegal Advisory Service.

Reparation for Torture Survivors

Overall Objective:
To ensure remedies and reparation for survivors of torture, cruel, inhuman and degrading treatment or punishment

FHRI works towards representation of torture victims and enforcement of compensation awards. This activity seeks to provide legal assistance to victims of torture through enforcement of their fundamental human rights in the Uganda Human Rights Commission (UHRC) and ordinary courts of law. Most victims of torture are poor and vulnerable; they don’t possess the knowledge of where to report cases and the procedure to be followed. This activity therefore builds on FHRI’s campaign against torture in Uganda by seeking redress for the victims.


The Right to Life project:

Overall Objective:
To limit the use of the death penalty in Uganda with a view to its eventual abolition.

The Right to Life project seeks to bring about the abolition of the death penalty in Uganda. Abolition is pursued through public campaigns, litigation, training and the encouragement of progressive jurisprudence. During the Death Penalty Initiative FHRI has successfully been able to convene a judicial colloquium for judges, lawyers and experts; published a training manual on international standards and sentencing principles; secured a Supreme Court hearing against the death penalty and its eventual ruling on 21st January 2009; and published and launched a book “Towards abolition of the Death Penalty in Uganda” in the 5th strategic plan. In 2005 the Courts of Judicature took active interest in strategic litigation in constitutional and other matters that included a petition challenging the constitutionality of the death penalty, (Susan Kigula and 416 vs Attorney General 6/2003).

The Right to Life project is undertaken in partnership with the Death Penalty Project Limited (UK), and in cooperation with Katende, Ssempebwa & Co. Advocates.

During the sixth project period it is proposed that legal representation be extended to 575 prisoners on death row by way of mitigation/ re-sentencing hearings. This project activity will assist prisoners facing the death sentence with preparation of their cases and their legal representation at the sentence hearings.

Paralegal Advisory Service (PAS)

Overall Objective:
To improve understanding of principles and procedures of the formal criminal justice system by both users and criminal justice agencies in Uganda.

The emphasis of the Justice Law and Order Sector (JLOS) reforms in the criminal justice system is to improve access to justice by strengthening the supply side. The demand side (i.e. the users of the criminal justice system) needs to be empowered to ensure quality and accessibility of justice. The current constraints to the system including delays, case backlog and congestion in detention centers can be minimized if the demand side is strengthened.

The Paralegal Advisory Service (PAS) therefore strategically responds by creating voice and space for the criminal justice system users, making them active players and partners in the administration of justice.

The Paralegal Advisory Service program was piloted from October 2005 to December 2006 and after a successful inaugural scheme a three- year program (April 2007-March 2010) is under way.

Since its inception in 2005, PAS has facilitated access to justice for over 5000 indigent persons through assistance to secure bail, police bond, mediation/diversions, community service orders, dismissal and acquittal of cases. This contribution has impacted on the decongestion of prisons, expeditious disposal of cases, improved understanding of trial and legal procedures. The program is executed in partnership with the Uganda Prison service and a network of civil society organizations that provide legal support in the districts of Arua, Bushenyi, Kitgum, Gulu, Lira, Fort Portal, Mbarara, Kampala, Jinja and Mbale.

Under this Strategic Plan the PAS program shall continue with the following activities:

  1. Community awareness of criminal justice processes using mass media and awareness meetings;
  2. Tracer services for prisoners and their family members;
  3. Advocacy for practice change; and
  4. Creating linkages among users and the criminal justice institutions.
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