Constitutional right of free assembly

This was a consolidated application that determined whether there was a violation of several human rights. The applicants alleged that they had been arrested while having a peaceful demonstration. They also claimed that they were tortured and several of their human rights were violated during detention. They therefore sought a declaration that the first respondents’, several named officers of the Ugandan Police Force (UPF), actions were unjust and illegal; an order for the respondents, to pay damages jointly and severally to each of the applicants, and costs of the application.

The appellants were charged with four offences under various laws: unlawful assembly, insulting the National Flag, use of offensive conducts conducive to breach of peace and attempting to communicate classified information.

The accused persons were kept in remand custody pending hearing after their bail applications were denied. They appealed to the High Court challenging the certificate to object bail (the certificate). They argued that the DPP acted irregularly for citing a non-existent law in the certificate.

This was an application to have sections 43 to 46 of the Police Force and Auxiliary Services Act (PFASA) declared unconstitutional and removed from the statute book on grounds that they infringed on the rights to a fair trial and participation in public affairs of the country, freedoms of expression, association and assembly.