The (Non) Enforcement of the Right to a Fair Trial with Regard to the Admissibility of Evidence Obtained through Human Rights Violations: A Comment on Uganda's Human Rights (Enforcement) Act 2019

Abstract

The enactment of the Human Rights (Enforcement) Act comes at a time when the Constitution of the Republic of Uganda 1995 and national legislation remain silent on the issue of dealing with evidence obtained through human rights violations. The exception is in the Prohibition and Prevention of Torture Act of 2012 that deals with the admissibility of evidence obtained through torture and cruel, inhuman and degrading treatment. This lack of clarity has been exacerbated by the limited scope in the decisions handed down by courts. This comment argues that the new law does not effectively deal with the enforcement of an accused's right to a fair trial due to lack of a statutory provision to deal with evidence obtained through human rights violations. To substantiate this position, the comment provides the current position of the law on evidence obtained through human rights violations. This is followed by an evaluation of the relevant provisions of the new law. Finally, proposals on the way forward are offered.