Acceso usuarios
City of Cape Town, Sudáfrica
Article 23(9) of the Constitution of Uganda (1995) provides for the right to an order of habeas corpus which is inviolable and cannot be suspended. It is thus one of the few absolute (non-derogable) rights under Article 44 even during a state of emergency. Article 23(9) is operationalized by section 34 of the Judicature Act (1996) which stipulates the conditions that have to be fulfilled for a court to make an order of habeas corpus. The author demonstrates ways in which the right to an order of habeas corpus has been protected in Uganda before and after independence. The drafting history of Article 23(9) of the Constitution is also discussed and it is argued that the right to an order of habeas corpus is applicable in every situation where a person’s movement has been restrained by the government or private individuals. The author also deals with the applicable standard and burden of proof in habeas corpus applications.
