The civil division of the High Court, on 17th June 2020, delivered its final ruling in the main application filed by Human Rights Awareness and Promotion Forum (HRAPF) challenging the refusal of by prisons’ authorities to allow the #COSF19 access to their legal representation.

The 19 LGBT youth were arrested on 29th March 2020 from the Children of the Sun shelter in Kyengera and were thereafter charged with doing 'a negligent act likely to spread infection of disease contrary to section 171 of the Penal Code Act, arraigned before the Chief Magistrates Court of Mpigi at Nsangi vide Criminal Case No. 113 of 2020 and remanded to Kitalya Prisons until 28th April 2020.

The 19 accused were then detained for 49 days and refused access to their legal representation. It is upon this background that HRAPF filed an application challenging the Commissioner General of Prions’ decision to deny the accused contact with their lawyers.

In a positive judgement delivered by Justice Micheal Elubu, the Court declared that the refusal tantamounted to a violation of the non derogable right to a fair hearing and the right to liberty. For these violations, the Court awarded 5 million Uganda shillings (about USD 1340) to each of the accused persons and also awarded costs to HRAPF. This now brings a close to the litigation in this case at the High Court.

CASE HISTORY

On Sunday the 29th of March 2020 at about 11am, HRAPF received a call from the Executive Director of Children of COSF requesting HRAPF to respond to a raid by security officials and community leaders at their shelter located in Kyengera, Wakiso district. The HRAPF team composed of a lawyer and Community Paralegal went to the shelter but found that 23 persons had been arrested and taken to Nkokonjeru Police Post. Read more via Kuchu Times