KAMPALA, Uganda | The High Court of Uganda has directed state agencies to strictly observe constitutional rights of suspects following the prolonged detention of Rahma Namuganza, who stands accused of terrorism. The case highlighted concerns over extended detention without court appearance and alleged mistreatment, placing the spotlight on Uganda’s 48-hour rule, which requires that detainees be presented before a court within two days of arrest.

Namuganza, arrested in February 2023, alleged she was detained for over a month without a court appearance and subjected to physical abuse and intimidation to coerce a confession. She filed for release, compensation, and dismissal of the charges, detailing in her affidavit incidents of beatings, psychological trauma, and separation from her child.

While Judge Alice Komuhangi Khaukha confirmed that Namuganza’s extended detention violated the 48-hour rule, she found insufficient evidence to support claims of torture. Medical records did not corroborate the alleged mistreatment, and state affidavits disputed her version of events, attributing her injuries to a struggle during arrest. Nonetheless, the judge condemned the excessive detention period, emphasizing that “any detention beyond 48 hours without judicial oversight constitutes a breach of fundamental rights.”

Judge Khaukha directed the relevant security agencies to adhere strictly to procedural limits on detention, emphasizing the need for accountability in protecting citizens’ rights under the Constitution.

While the court did not uphold the torture allegations, Namuganza’s case raises significant questions for the public, shedding light on the delicate balance between security enforcement and individual rights. Justice Khaukha’s ruling highlights the critical responsibility of state agencies to respect both the letter and the spirit of Uganda’s laws, preserving the foundational rights guaranteed to every citizen.