Bushoborozi v Uganda (HCT-01-CV-MC-0011 of 2015)
Bushoborozi v Uganda (HCT-01-CV-MC-0011 of 2015) [2015] UGHCCRD 14 (10 July 2015)
The High Court determined that the continued detention of the applicant, who was found not guilty by reason of insanity and subsequently declared mentally stable, without a Minister's order for release, was unconstitutional and a violation of his rights to liberty and fair trial. The court held that judicial power is vested in the courts, not the Minister, and that the law requiring the Minister to issue orders for the release or continued detention of criminal lunatics must be construed in conformity with the Constitution. The absence of a specific procedure does not oust the court's inheren…
Source excerpt
- Insanity Defence
- Detention Pending Ministers Order
- Judicial Powers
- Human Rights Violation