*By John Kusolo*
36 leaders from the People’s Front for Freedom (PFF), currently facing terrorism charges, were granted bail today by the International Crimes Division (ICD) of the High Court in Uganda. The detainees, who were remanded to Kitalya and Luzira Prisons, appeared before Hon. Lady Justice Susan Okalany and presented their bail applications in a hearing marked by extensive legal arguments and support from prominent public figures.
The group had been detained following an incident in July, where they were reportedly abducted from a conference held in Kisumu, Kenya, before being brought back to Uganda. Representing the applicants, Kampala’s Lord Mayor Erias Lukwago, also lead counsel for the PFF leaders, submitted several compelling arguments in favor of granting bail. He emphasized the fundamental legal principle of the presumption of innocence, stressing its significance as a cornerstone of the Ugandan criminal justice system and internationally recognized human rights.
In his submissions, Lukwago argued that the applicants should be granted bail because they have not yet been proven guilty. He emphasized that Uganda’s Constitution and criminal laws uphold the presumption of innocence, underscoring that these individuals should not be unduly deprived of their liberty while awaiting trial.
Additional factors presented by Lukwago included the detainees' right to access medical care, especially given the prolonged nature of the case, and the possible impact of prolonged pre-trial detention on their families and livelihoods. Furthermore, he highlighted that many of the detainees were committed political activists with no prior criminal records, and he questioned the basis of their arrest and alleged abduction from Kenya.
The 36 applicants received substantial support in the form of sureties, ranging from Members of Parliament, political allies, family members, and leaders of the PFF. Each of these sureties demonstrated commitment to ensuring that the detainees would adhere to the court's conditions and return for trial proceedings as required.
Justice Okalany set stringent bail conditions, granting each of the accused a cash bond of UGX 2 million (approximately USD 530), while sureties were required to fulfill a non-cash bond of UGX 50 million each. These measures were instituted to balance the detainees' right to freedom and the court’s responsibility to ensure justice.
In her ruling, Justice Okalany highlighted that the court would continue to prioritize justice and due process for all parties involved. She remarked that, given the serious nature of the charges, strict compliance with bail conditions would be enforced, and any breach would lead to an immediate revocation of bail. The court also acknowledged that the defendants should have the opportunity to prepare their defense without enduring indefinite pre-trial detention.
The bail release has garnered mixed reactions from various stakeholders, including civil society organizations, human rights defenders, and the public. Supporters of the PFF argue that the group’s detention raises concerns over freedom of expression and political freedoms. On the other hand, those concerned about national security have urged the court to proceed diligently with the upcoming trial and to ensure accountability where due.
The case has also sparked broader debates about Uganda's criminal justice system, the handling of terrorism charges, and regional security cooperation between Kenya and Uganda.
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