IS IT LEGAL FOR SUSPECTS TO BE PARADED TO THE PUBLIC ?.

Fumbe has always been an upstanding member of the community of Kikajjo zone. Last week, he gave some feeds to the chicken that were wandering near his shop. Mama Matovu reported that to police that her chicken had been stolen and immediately Fumbe was arrested. In the morning, Afande Omara called for a village meeting and brought a handcuffed and bare-chested Fumbe to the meeting without any shoes and reported that this was their chief suspect. He asked anyone who saw anything that can implicate Fumbe for the theft of the chicken to come forward.

WHO IS AN ACCUSED PERSON?

Firstly, there is a difference between a suspect and an accused person. A suspect is a person who is being investigated for a crime. This person may not even be arrested but may be questioned by the police. However, if sufficient evidence is obtained and charges are brought against that person, the person becomes an accused person. That means the police may arrest this person and the person can only be released on police bond or court bail while the charges against him/her are ongoing. A suspect is innocent and should not be treated as a criminal in any way.

CAN THE ACCUSED PERSON OR A SUSPECT BE PARADED BEFORE THE MEDIA?

However, there is a legal provision that talks about being paraded to any member of the public. The police laws provide for a parade known as an identification parade. This is where individuals (including the suspect) of a similar height, built and appearance stand in line for a witness to identify the one who allegedly committed an offense. However, this can only be done in the confines of a police station. This is because Article 28 of the Constitution of Uganda protects any person who is accused of having committed a crime by presuming this person to be innocent until proved guilty or until that person has pleaded guilty (before a competent court of law, NOT the police or the media).

The police are responsible for carrying out investigations and submitting their findings to the prosecution to aid it in proving its case against the accused person. The exhibits are supposed to be properly stored and not displayed to the general public but the court of law that is trying the accused of the criminal offense.

Therefore, a person who is paraded before the media as a suspect has had this right violated since the very institution supposed to prosecute him for the alleged offenses has decided that this person is guilty which is not its job.

📷 Credit; @TheUgandanLawyer.

#BarefootLaw

#osutayusuf

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