Presumed innoncent, behind bars

Page 47

THE PROBLEM OF LENGTHY PRE-TRIAL DETENTION IN UGANDA

Table 3 shows that certain comparisons are not advisable, because of the small numbers of cases in some data sets. It makes statistical sense to compare mean time on remand for the following: •

Court Martial versus Magistrates Court for cases with a maximum penalty of 5-10 years

•

Court Martial versus High Court for capital cases.

Table 4 shows mean times on remand for the combinations of maximum penalty and court with jurisdiction of Table 3. When there are fewer than 20 cases the comparisons are of questionable value, and thus they are not displayed. Table 4: Penalty

Mean Days on Remand by Court with Jurisdiction and Maximum Court with Jurisdiction Magistrates Maximum Penalty

Court Martial

High Court

Court

0-1 yrs

44.93

1-5 yrs

54.47

5-10 yrs

330.92

73.79

10-15 yrs

75.57

Life

98.41

Death

678.7

394.01

For detainees facing a maximum penalty of 5-10 years, the mean time on remand is much greater for the Court Martial than for the Magistrate's Court (331 days as compared to 74). Table 5 shows the distributions. The Court Martial has detainees on remand for the longest time periods on average, but the very longest (in terms of days) was for a person under the jurisdiction of the Magistrate's Court. Table 5: Number of days on Remand with maximum penalty 5-10 years General Court Martial Compared to Magistrates Court

Time on Remand

Court Martial

0-60 Days

Magistrates Court

Total

25

409

434

61-180 Days

13

282

295

181 Days - 1 yr

7

29

36

1-2 yrs

19

7

26

2-3 yrs

4

0

4

44


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