Uganda: Information about "Release on Bond" and "Warrant of Arrest" documents, including circumstances when such documents are issued and whether a summons is issued before an arrest warrant; appearance, including whether the corresponding section of the Criminal Procedure Code is indicated; whether persons who are wanted for arrest receive an "exit stamp" when leaving the country (2014-December 2015)
Information on "Release on Bond" and "Warrant of Arrest" documents was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
Attached to this Response are forms entitled "Release on Bond" (Attachment 1), "Warrant of Arrest" (Attachment 2) and "Criminal Summons" (Attachment 3), which were found on the website of the government of Uganda's Judiciary.
The "Release on Bond" form refers to Section 17 of the Criminal Procedure Code Act (ibid. n.d.). Section 17 of the Criminal Procedure Code Act 1950 states the following:
17. Detention of persons arrested without warrant.
When any person has been taken into custody without a warrant for an offence other than murder, treason or rape, the officer in charge of the police station to which the person is brought may in any case and shall, if it does not appear practicable to bring the person before an appropriate magistrate’s court within twenty-four hours after he or she was so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person on his or her executing a bond, with or without sureties, for a reasonable amount to appear before a magistrate’s court at a time and place to be named in the bond; but where any person is retained in custody, he or she shall be brought before a magistrate’s court as soon as practicable.
An officer in charge of a police station may discharge a person arrested on suspicion on any charge when, after due police inquiry, insufficient evidence is, in his or her opinion, disclosed on which to proceed with a charge.
Where, on a person’s being taken into custody in the circumstances mentioned in subsection (1) it appears to the police officer in charge of the police station to which the person is brought that the inquiry into the case cannot be completed forthwith, he or she may release that person on his or her executing a bond, with or without sureties, for a reasonable amount to appear at such a police station and at such a time as is named in the bond unless he or she previously receives a notice in writing from the officer in charge of that police station that his or her attendance is not required; and any such bond may be enforced as if it were conditioned for the appearance of that person before the magistrate’s court having jurisdiction in the area in which the police station named in the bond is situated. (ibid. 1950)
The Criminal Procedure Code Act 1950, which includes the provisions for making arrests, is also attached to this Response (Attachment 4) (ibid.).
The US Department of State's Country Reports on Human Rights Practices for 2014 indicates that "[t]he law requires that judges or prosecutors issue arrest warrants before arrests are made. This requirement does not apply to an arrest made during commission of a crime or while in pursuit of a perpetrator. Authorities often arrested suspects without warrants, however" (US 25 June 2015, 8). Additional and corroborating information about the use of arrest warrants could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Information about whether a summons is issued before an arrest warrant could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Information on whether persons who are wanted for arrest receive an "exit stamp" when leaving the country could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Uganda. 1950. Criminal Procedure Code Act 1950. <http://www.ulii.org/ug/legislation/consolidated-act/116> [Accessed 24 Dec. 2015]
_____. N.d. The Judiciary. "Release on Bond." <http://www.judicature.go.ug/files/downloads/Criminal%20Forms%20%20pre.pdf> [Accessed 24 Dec. 2015]
United States (US). 25 June 2015. Department of State. "Uganda." Country Reports on Human Rights Practices for 2014. <http://www.state.gov/documents/organization/236630.pdf> [Accessed 29 Dec. 2015]
Additional Sources Consulted
Oral sources: Interpol; Uganda – High Commission in Ottawa; four criminal lawyers based in Uganda.
Internet sites, including: AllAfrica; Amnesty International; ecoi.net; Factiva; Freedom House; Human Rights Watch; Fédération internationale des ligues des droits de l'Homme; Uganda – gov.ug, Parliament of Uganda, Police Force, State House Uganda; United Nations – Refworld.
Attachments
1. Uganda. N.d. The Judiciary. "Release on Bond." <http://www.judicature.go.ug/files/downloads/Criminal%20Forms%20%20pre.pdf> [Accessed 24 Dec. 2015]
2. Uganda. N.d. The Judiciary. "Warrant of Arrest." <http://www.judicature.go.ug/files/downloads/Criminal%20Forms%20%20pre.pdf> [Accessed 24 Dec. 2015]
3. Uganda. N.d. The Judiciary. "Criminal Summons." <http://www.judicature.go.ug/files/downloads/Criminal%20Forms%20%20pre.pdf> [Accessed 24 Dec. 2015]
4. Uganda. 1950. Criminal Procedure Code Act 1950. <http://www.ulii.org/ug/legislation/consolidated-act/116> [Accessed 24 Dec. 2015]