point out to the withdrawal of the trial judge. The Complainants submit that these
actions contravene the right of an accused person to be afforded a fair and impartial
trial.
84.
The Complainants submit that the Victims have been denied access to theirs lawyers
on several occasions and that their lawyers were violently beaten while at the High
Court.
85.
The Complainants submit that the trial of the Victims before both the High Court of
Uganda and the General Court Martial on different charges but based on the same
facts contravenes Article 7 of the Charter. The Complainants refer to articles 28(1)
and 44(c) of the Ugandan Constitution.
86.
In the same manner, the Complainants further aver that the Court Martial had no
jurisdiction over the offences of terrorism and the unlawful possession of fire-arms
and that the trial of the Victims under such charges before the Court Martial violates
the right to a fair trial.
The Respondent State’s Submission on the Merits
Alleged violation of Article 5
87.
In its submission, the Respondent State argues that it cannot be found to have
violated Article 5 as the Complainants have failed to adduce medical evidence or any
other evidence to prove the allegation of torture.
Alleged violation of Article 6
88.
In refuting the argument of the violation of Article 6, the Respondent State submits
that the right to personal liberty is not absolute and may be derogated from.
89.
The Respondent State alleges that the Victims were arrested and taken to court to
answer the amended charges preferred against them.
90.
The Respondent State argues that its actions are within the confine of the domestic
law. The Respondent State submits that arresting an individual suspect for an offence
provided for under the law does not violate the Charter.
91.
The Respondent State alleges that the arrest of the Victims were linked to the
subversive activities that the Victims were involved in. The State argues that its
actions are in line with its duty to ensure that its independence, sovereignty and
territorial integrity are not compromised by the Victims.
Alleged violation of Article 7
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