Kampala

Government:  Executions were necessary.

March 12, 2003
Halima Abdallah
Kampala

Government told the Constitutional Court yesterday that executions sanctioned by the field courts-martial are necessary to instill discipline in the army.

The Uganda Law Society on 3 March petitioned court to temporarily suspend army executions sanctioned under section 92(1) of the NRA Statute of 1992, until ULS' main petition against summary executions is disposed of.

The section empowers field courts-martial to sentence and execute a soldier without the right to appeal to the Supreme Court.

ULS wants court to declare the hasty trial, conviction and sentencing to death of two UPDF soldiers; Corporal James Omedia and Private Abdalla Muhammad in Kotido in March last year unconstitutional.

In the main petition, ULS is challenging the constitutionality of the death penalties and executions under the NRA Statute of 1992.

The Commissioner for Civil Litigation Cheborion Barishaki objected to the suspension of section 92 (1) of the statute. He told a panel of five judges chaired by Mr G.M Okello that the suspension shall deter the UPDF from carrying out its duties.

Mr Barishaki argued that the death penalty is necessary to safeguard state security by barring errant soldiers from deserting and killing civilians. About the denial of the right to appeal, Mr Barishaki said, "sending a soldier who was on the firing line to Luzira is a luxury, and shall encourage others to commit such crimes." Court shall rule on notice whether or not to suspend the provision.