Nearly 98 per cent of households whose members are held in pre-trial detention suffer income disruptions, with many forced to borrow money or sell assets to survive, a new report has revealed.
The report, titled “Beyond the Cell: The Hidden Socio-Economic Costs of Pre-Trial Detention in Uganda”, highlights the economic and social consequences of detaining suspects before their cases are concluded in court.
It shows that prolonged detention not only affects the suspects but also exposes their families to financial hardship, indebtedness and the loss of productive assets, even in cases where the accused may eventually be released without conviction.
‘Before arrest, many respondents depended on agricultural farming, small businesses, and casual labour and transport-related activities requiring regular personal participation. Among affected households, 98 per cent reported income disruption, 64 per cent resorted to borrowing and 27 per cent sold assets,’ the report released in Kampala on Wednesday states in part.
‘These findings demonstrate how detention-related income loss can translate into indebtedness, depletion of productive resources and difficulties recovering after release. The consequences may continue even where detention ultimately ends without a conviction,’ it adds.
The study was conducted by Avocats Sans Frontières and the Legal Aid Service Providers Network (LASPNET) across 10 districts: Kampala, Wakiso, Gulu, Kitgum, Lamwo, Hoima, Kiryandongo, Masindi, Arua and Yumbe. It drew on 428 participants.
Beyond the financial implications, the report highlights the impact of prolonged detention on children and other household members, particularly where the detained person is the family’s breadwinner.
It indicates that 91 per cent of households with children reported adverse effects on them, including emotional distress, stigma, school absenteeism, the risk of dropping out of school and instances of child labour.
‘Community respondents described emotional distress, stigma, school absenteeism, risks of school dropout and instances of child labour,’ the report states.
The findings raise concerns about the wider social costs of holding suspects in custody for extended periods before their cases are concluded.
Some suspects reportedly spend years in detention awaiting the conclusion of their cases, with the consequences extending beyond the individual to families that depend on them for their livelihoods.
Before their arrest, farming was the most commonly reported occupation, accounting for 23 per cent of respondents, followed by self-employment or business at 21.3 per cent. Casual labour accounted for 5.2 per cent, while domestic or care work represented 1.1 per cent.
The alleged offences varied, with theft accounting for the largest share at 33 per cent, followed by sexual offences at 17 per cent, murder at 13 per cent, robbery at 12 per cent and assault at seven per cent.
Deputy Chief Justice Moses Kawumi Kazibwe, who officially launched the report, said its findings should inform policy decisions, institutional practices and resource allocation aimed at strengthening accountability across the justice chain.
He emphasised the need to ensure that pre-trial detention complies with constitutional safeguards, including the protection of personal liberty, the right to a fair and speedy hearing, and the presumption of innocence.
‘Our starting point must be in the Constitution of Uganda. Protect personal liberty, guarantee a fair and speedy hearing and the presumption of innocence. These guarantees require that detention before trial and the full proceedings be concluded without undue delay,’ Justice Kazibwe said.
He said the constitutional protections require justice institutions to ensure that criminal proceedings are concluded without unnecessary delays.
Speaking at the same event, Dr Katja Kerschbaumer, the head of the Austrian Embassy’s Development Cooperation, said whenever pre-trial detention is used, it must be lawful, necessary, proportionate and consistent with Uganda’s Constitution.
‘We are aware that Uganda has clearly established legal procedures governing arrest, detention and the treatment of pre-trial detainees. In our understanding, this is the very essence of the rule of law; that public authorities act within the framework established by law and the citizens can rely on legal certainty and equal treatment,’ Dr Kerschbaumer said.
Some of the recommendations in the report are to shift legal aid upstream, prioritising police stations, police custody and first court appearances rather than waiting until an accused person is already sent on remand.