Rights during investigation - arbitrary arrest or detention and deprivation of liberty

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.

(1) No person shall be deprived of personal liberty except in any of the following
cases—
(a) in execution of the sentence or order of a court, whether established for Uganda or another country or of an international court or tribunal in respect of a criminal offence of which that person has been convicted, or of an order of a court punishing the person for contempt of court;

(b) in execution of the order of a court made to secure the fulfillment of any obligation imposed on that person by law;

(c) for the purpose of bringing that person before a court in execution of the order of a court or upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of Uganda;

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

General.

23. Protection of personal liberty.

(4)A person arrested or detained—

shall, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of his or her arrest.

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

Human rights and freedoms during a state of emergency.

47. Detention under emergency laws.

Where a person is restricted or detained under a law made for the purpose of a state of emergency, the following provisions shall apply—

(a) he or she shall, within twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying the grounds upon which he or she is restricted or detained;

The Criminal Procedure Code Act 1950

PART II—GENERAL PROVISIONS.

Arrest, escape and retaking.

16. Disposal of person arrested by private person.

(4) If there is no sufficient reason to believe that he or she has committed any offence, he or she shall be released at once.

The International Criminal Court Act 2010

Part V – Domestic Procedures for Other Types of Co-operation

47. Assistance in questioning persons.
(1) Where the ICC requests assistance under article 19(8), 56, 64, or 93(1)(c) or the Statute in questioning a person who is being investigated or prosecuted, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister is satisfied that there are reasonable grounds to believe that the person is or maybe in Uganda.

(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall, without delay –

(a) use its best endeavours to undertake the questioning that the ICC has requested;

(b) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(b) advise the Minister of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to Minister.

(3) A person questioned under this section shall notwithstanding anything inconsistent in any other enactment, be entitled to all the rights referred to in article 55 (2) of the Statute.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.