The Ups and Downs of the Chain Linked Initiatives

By Susan Okalany
Resident Senior State Attorney Masaka

The Chain Link is an informal forum bringing together stake holders in the criminal justice system. The stake holders are supposed to work as a chain-connected to each other in areas of cooperation, co-ordination and communication for effectiveness and efficiency.

The Initiative was conceived on a pilot basis in 1998. Its main goal was to improve the standard of administration of criminal justice in Uganda through activities designed to improve coordination, communication and cooperation among criminal justice agencies. The agencies include the Police, the Directorate of Public Prosecutions, the Judiciary, the prisons, the probation Service and the Uganda Law Society.

In September 1999, a two year pilot phase was started in Masaka, Kalangala, Sembabule and Rakai. As a result, two administrative bodies were established to coordinate its activities. The Advisory Board (AB) (comprising all heads of criminal justice agencies and chaired by the Resident Judge or Chief Magistrate). The AB is responsible for policy decisions at National level while CMC is responsible for implementation at the local level.

During the pilot phase at Masaka Chief Magisterial area a new approach to the administration of criminal justice emerged and led to the development and adoption of a set of performance standards and guide lines by the CMC.

The implementation of the performance standards at Masaka indeed improved the standards of administration of justice.

Regular meetings and joint inspections of the Case management Committee improved and increased co-operation, co-ordination and communication between the criminal justice agencies. They became more transparent and public friendly. To-date complaints from the public are quickly and appropriately responded to and there is free exchange and sharing of information between the agencies.

Broadly speaking, improved investigations have led to expeditious commencement and conclusion of trials in compliance with constitutional standards regarding the time limits for detention of suspects in police cells and remand in prisons was also a result of improved investigations and compliance with the set performance standards.

The practice of plea day hearing has minimised the rate of dismissal of cases for want of prosecution. In many uncomplicated cases which require few witnesses, the prosecution usually concludes its cases within one month.

Another practice which indirectly resulted from the joint inspections of the case management committee is the pleas of guilty mini-session. During one such inspection visit to Masaka Government prison by the Case Management Committee in 2004, the then Resident Judge Hon. Justice Ellda Mwangusya was informed by some of the prisoners charged with capital offences that they intended to plead guilty to the charges against them. They wondered why they had to wait for so long to be cause listed for trial in High Court session. The CMC members present decided that the officer in charge of the prison should compile a list of prisoners who intended to plead guilty. A cause list of 40 cases was made and a mini session was held. It turned out that most of these suspects were on charges of defilement. A few others were ready to plead guilty to lesser charges of manslaughter and simple robbery. After the indictments were read out, not all suspects pleaded guilty. In most murder and robbery cases, the prosecution declined to reduce the charges to lesser and cognate ones. "Pleas of Guilty" mini-sessions have continued since then and about 207 cases have been handled with varying outcomes.

The Chain Linked has caused an increase in the rate of committal of accused persons to High Court for trial. As at 30/8/06 there were 121 prisoners on remand for capital offences out of the total number of 536 committed prisoners. This means that 415 prisoners are on statutory bail.

CHALLENGES
Despite the high performance standards set by the initiative, the police is faced with serious facilitation problems. Lack of funds and fuel is often quoted by detectives for failure to conduct timely investigations. In cases where complainants and victims are poor, medical examinations are conducted many