Rights during investigation - 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.

The Geneva Conventions Act 1964

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.

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

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and