Opinion: Awaiting either a private bill or a constitutional amendment to abolish bail

We have been here before… the National Resistance Movement (NRM) have twice altered the 1995 Constitution to favour or personally help the will of the President. Now, the President is on another war-path. As he wants to have all legality to keep people in prison and not free them. Since, he believes killers and the ones doing serious crimes deserves to behind bars without the constitutional right for bail or be temporary freed until trial or sentencing.

This is showing the viciousness of the state. A state that already uses the authorities, security organizations and law enforcement to target and detain the opponents of the state. This state uses Panda Gari’s or “drones” to pick-up, abduct, kidnap and keep civilians incommunicado for days. These people are not produced in court within the 48 hours timeline. Neither is there a trial or proof of guilt for their supposed crimes. Many has been tortured or extra-judicially killed by the authorities. That has happen during the reign of Museveni and how he operates.

Those actions is clearly not sinister enough. The state who already uses the Chieftain of Military Intelligence (CMI), Internal Security Organization (ISO) and Uganda Police Force (UPF) for their own gains. This is done to intimidate and make it impossible for dissidents and activists to organize. They are blocking and finding ways to silence the main opposition too.

That is why the President wants to take away the ability to get bail. The courts are issuing this and they are tending to come with conditions and the “culprit” or alleged criminal has to appear before the courts. This is happening while the investigation and the case is pending. However, when it comes to political active and opposition members. They are arrested for charges, which the state never proves or produce evidence. The state is prolonging the cases and never stopping them. The criminal cases against an opposition can last for many years and never been closed or dismissed. It can take a decade or even longer. Therefore, if the bail goes away. In practically for cases like these. The person charged could be behind bars for a decade without sentencing or proper case work. That is detaining innocent civilians and non-criminal without prejudice. This is making the citizen guilty before proven innocent. That isn’t rule of law, but lawlessness.

If the NRM does this… they do that to please their master and his whims. It will be a practical issue and assure the President that he can punish his enemies without any court order or a sentence. He can keep them detained and they don’t have the right to be released pending trial and sentencing. The state doesn’t need to produce evidence or witnesses to build cases. That is the evil side of this.

It wouldn’t be shocking, if the Minister of Justice and Constitutional Affairs Kahinda Otafiire or a private bill from a loyal cadre within the NRM caucus. They would do that to abolish the article 23(6) or amend it. The NRM did that with the term limits and the age limit as well. So, this wouldn’t shock anyone if they did.

However, the previous articles was directly about the Presidency and his office. This can be a legal jeopardy for citizens in general. Taking away bail means the citizens looses their rights and if they are arrested. Nobody can bail them out or pay bond to get them out. That is injustice and shows what the regime is willing to do.

Yes, the regime and the President is already serving the public injustice with the “drones” and ungazetted safe-houses. The state is already misusing it’s power by re-arresting people released on bail. Taking them to a new prison and a new incarceration facility elsewhere. While they are adding new charges or pinning it on the citizen. That is what the state is doing towards two NUP MPs these days and these tricks has been used before.

So, am awaiting two types of legislation delivered in Parliament. That is done to secure the ambition of the President. Either the Minister coming with his testing of the popularity of it or a private bill to do it in favour of the will of the President. Because, the NRM and Museveni is willing to alter the Constitution and this is the manner the state does it. Peace.

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