Rights during trial - legal assistance

Uganda

Constitution of the Republic of Uganda 1995 (2005)

CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS.

General.

23. Protection of personal liberty.

(3) A person arrested, restricted or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction or detention and of his or her right to a lawyer of his or her choice.

CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS.

General.

28. Right to a fair hearing.

(3)(d) be permitted to appear before the court in person or, at that person’s own expense, by a lawyer of his or her choice;

CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS.

Human rights and freedoms during a state of emergency.

48. Review by the Uganda Human Rights Commission.

(2) (a) to consult a lawyer of his or her choice or any group of persons who shall be permitted to make representations to the Uganda Human Rights Commission for the review of his or her case;

CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS.

Human rights and freedoms during a state of emergency.

48. Review by the Uganda Human Rights Commission.

(2) (b) to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case

The Geneva Conventions Act 1964

3. (1) The court before which,

(a) any person is brought up for trial of an offence under section 1 of this Act, or
(b) a protected prisoner of war is brought up for trial for any offence,

shall not proceed with the trial, unless,

(i) the accused is represented by an advocate, and

3. (2) Where the accused is a protected prisoner of war, in the absence of an advocate accepted by the accused as representing him, an advocate instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of the preceding subsection, be regarded for the purposes of that subsection as representing the accused.

3. (3) Where the court adjourns the trial in pursuance of subsection (I) of this section by reason that the accused is not represented by an advocate the court shall direct that an advocate be assigned to watch over the interests of the accused at any further proceedings in connection with the offence.

3. (4) At any such further proceedings, in the absence of an advocate, either accepted by the accused as representing him or instructed as mentioned in subsection (2) of this section, an advocate assigned in pursuance of the immediately preceding subsection shall, without prejudice to the requirements of paragraph (ii) of subsection (I) of this section, be regarded for the purposes of that subsection as representing the accused.

3. (5) An advocate shall be assigned in pursuance of subsection (3) of this section in such manner as the Minister may, by statutory instrument, prescribe and any advocate so assigned shall be entitled to be paid by the Minister out of moneys provided by Parliament, such sums in respect of fees and disbursements as the Nlinister may direct.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;