The Chairperson of Uganda Human Rights Commission (UHRC) Mariam Wangadya has urged police officers to respect the 48-hour rule on detaining suspects, or else, going above that period would be violating rights.
Wangadya emphasized that the 48 hour rule is very crucial and that it must be observed even in moments of fear.
“If we hold a suspect longer than 48 hours without charge, we may be seen as violating justice even if the suspect is guilty and even if the threat is real. Due process is not a luxury of peace but it is the foundation of it. Let us remember that a just state does not fear fair trials,” she said.
Wangadya was speaking at the opening of UNOCT Workshop on Human Rights and Gender Equality in Counter-Terrorism held at Police headquarters.
She emphasized, that although there is still a challenge for Uganda Police to implement the 48 hour rule due factors like under staffing and others but noted that the rule must still be respected.
“Let us work toward building the capacity and infrastructure necessary to honour such timelines faithfully or else we risk undermining both the spirit and the letter of the law.”
She also called for the need for various key stakeholders in the the justice law and order sector including police to always observe human rights in their line of duty.
“We are gathered here to discuss terrorism. To confront it. To outthink it. But above all, to do so without compromising the very values terrorism seeks to destroy because if we trade away human rights in the name of security, we hand victory to terror without a fight. No nation will ever arrest or detain its way to peace. We must be brave enough to say what many avoid. Security that tramples rights is not security,” Wangadya said.
Wangadya also tasked officers from the office of the Director of Public Prosecutions and Uganda Police not to instill fear in the people they serve but rather ensure they serve justice.
“The 72 hour rule for digital seizures i must be exercised with the utmost restraint and under the strictest legal and ethical standards. We must ask hard questions like who accesses the data? How long is it kept? What checks exist to prevent abuse? Terrorism should never be a pretext for mass surveillance.”
She emphasized it that people’s digital rights are human rights and every intrusion must meet the test of necessity, proportionality, and legality.
“Again, I urge us to be realistic. 72 hours may seem sufficient in theory, but in practice, especially in complex forensic investigations it can become a race against logistical and technological hurdles. Let us not forget: when rights are on the line, shortcuts are not solutions. Instead, we need timelines that are not only principled but practical.”
