JUDICIARY Latest Features

Chief Justice, Dr. Flavian Zeija at the launch of the Criminal Justice Health Rights Committee

Earlier, the Chief Justice, Justice Dr. Flavian Zeija, presided over the inauguration of the Criminal Justice Health Rights Committee (CJHRC) at Skyz Hotel in Kampala.

The Committee is established under the "Breaking Down Barriers" initiative, a programme aimed at addressing structural and systemic challenges that hinder access to health services within the criminal justice sector. The initiative is being implemented through a partnership between the Office of the Director of Public Prosecutions, the Ministry of Health, and the Global Fund.

Speaking during the event, the Chief Justice expressed honor at solidifying a partnership between the justice and health sectors. He stated that these stakeholders form a chain of justice, constituting a single process from arrest to acquittal or sentencing, adding that disease disrupts this process at every stage.

"Today, we must acknowledge the hard truth that disease is a silent disruptor of justice, whether a suspect is too ill to stand trial, whether an investigator is sidelined by malaria or any other disease, or when a prison ward becomes a tuberculosis or HIV hotspot, the wheels of justice grind to a halt," he stated.

The Chief Justice emphasized that the implementation of the Global Fund program within the criminal justice system is a landmark initiative for the year. He noted that the program targets HIV, tuberculosis, and malaria, particularly in congested environments such as holding cells, remand homes, and prisons. Drawing from past experience during COVID-19, he noted the high risk of outbreaks in prisons and the need for strict health protocols. He pointed out that overcrowding makes preventive measures like mosquito nets impractical, recommending alternatives such as residual spraying and routine health screening. 

He also explained that the Judiciary's strategic plan aims to transform the Judiciary into a people-centered institution. He emphasized health wellness, ensuring prisoners receive proper treatment and consideration throughout the justice process. Ignoring health vulnerabilities of those in custody, he noted, results in hardship rather than justice. 

Highlighting the role of the Uganda Police Force, Justice Dr. Zeija emphasized that justice begins at the point of intake. He noted that congested police cells can become breeding grounds for infection and urged that suspects' health must be preserved. He acknowledged that smaller stations may lack medical officers and called for careful monitoring and timely medical attention for conditions like tuberculosis.

Calling on the prosecution to exercise discretion, the Chief Justice reminded officers to look beyond case files and consider the health conditions of suspects and witnesses, particularly chronic illnesses such as HIV or tuberculosis. He emphasized the use of audiovisual hearings and health-conscious prosecution strategies to reduce barriers to justice. He also underscored the Judiciary's role in ensuring officers proactively safeguard the physical well-being of accused persons.

Underscoring the responsibilities of the Uganda Prisons Service, Justice Dr. Zeija highlighted that the Service bears the greatest burden of managing HIV and tuberculosis among inmates. He encouraged the effective use of the program to support screening, treatment, and nutrition, recognizing resource limitations while acknowledging improvements, including special diets for the sick.

He also called for a unified effort among police, prosecutors, Judiciary, and prison services, in collaboration with the Global Fund, to demonstrate that the criminal justice system is a place of reform and dignity rather than infection and hardship. Warning against misapplication of funds, he stressed the importance of accountability to safeguard the integrity of the program. 

Mr.Lino Anguzu (Director of Public Prosecutions), presented the terms of reference for the CJHRC. He explained that the Committee was established to streamline programme support, strengthen coordination, and ensure participation of criminal justice stakeholders.

According to Mr. Anguzu, the purpose of the committee is to provide oversight, leadership, strategic direction, and ownership to remove human rights and gender--related barriers in the criminal justice system, and to promote health equity, including improved uptake, utilization, and retention in HIV, TB, and malaria services.

He outlined the roles and responsibilities as providing leadership, oversight, and technical guidance for programme implementation. He added that the Committee is responsible for advising the criminal justice programme management unit, promoting ownership, accountability, and equity, and participating in meetings and programme activities. 

Mr. Anguzu also noted that the Committee comprises heads of core criminal justice institutions including Judiciary, DPP, Uganda Police Force, Uganda Prisons Service plus senior members nominated by these institutions, Attorney General, and Solicitor General among others. He highlighted the DPP’s dedication to supporting programme's implementation and health knowledge.

Ms. Agnes Kainza Nzogi (Permanent Secretary ODPP), noted that the ODPP has been implementing activities with Global Fund support to reduce or remove human rights barriers to HIV, TB, and malaria services in the criminal justice system through the Breakdown Barrier Initiative. She noted that the partnership is anchored on a memorandum of understanding first signed in 2017, with the latest MOU in October 2024 and acknowledged the former DPP, now Principal Judge, Lady Justice Jane Frances Abodo as central to implementing activities under previous cycles.

She emphasized that the meeting convenes heads of criminal justice institutions to discuss the initiative and activities implemented under Cycle Seven. She noted that the activities focus on sensitization and awareness, raising about the roles of stakeholders in protecting, promoting, and upholding the health rights of citizens. Ms. Nzogi explained that while the Global Fund programme is housed in the ODPP, its implementation involves all institutions present through the programme management unit.

Dr. Stavia Turyahabwe (Commissioner for Communicable Disease Prevention and Control at the Ministry of Health), representing the Permanent Secretary Ministry of Health, emphasized the importance of multi-sectoral collaboration and integration of people-centered services, noting that health cannot be delivered by the Ministry of Health alone. She noted that recent surveys show high TB prevalence in prisons due to crowded conditions and poor ventilation. She stressed the need for early detection and continuity of treatment in police cells and prisons to prevent disease transmission and resistance, and noted opportunities for malaria prevention through interventions like indoors praying.

Dr. Turyahabwe further emphasized addressing non-communicable diseases among justice sector personnel, noting the risks posed by long hours of work. She called for mechanisms to support health monitoring, exercise, and overall well-being for staff and inmates alike.

The event was attended by a wide range of stakeholders, including representatives from the criminal justice chain, Ministry of Health officials, civil society organizations, and members of the media.