V. Applicable National Law 

Uganda does not specifically criminalize torture in its national law, but there are references to the prohibition of torture in various laws, such as in the constitution and the Anti-Terrorism Act. [26] According to Director of Public Prosecutions Richard Buteera, perpetrators of torture can be charged with grievous bodily harm or assault as defined in the Penal Code. [27] In 2005, the UN Committee against Torture recommended that the government amend domestic criminal law in accordance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), but the law reform commission and parliament have not done so. [28] There is no indication from the ruling National Resistance Movement party (NRM) that a bill criminalizing torture by state actors is under serious consideration. However, a coalition of national and international NGOs are working to draft an appropriate bill and hope to have a final draft by mid-2009. [29] The bill will require substantial and steadfast support from parliamentarians from the ruling party in order to be passed and enforced.

Uganda 's constitution and recent decisions by the courts guarantee a person who is arrested and detained a series of rights. Many of these basic constitutional rights are violated by JATT during arrests and detentions. For example, under the Ugandan constitution, a criminal suspect must be kept in a place that is authorized by law. [30] The accused person has a right to be free from torture or cruel, inhuman or degrading treatment. [31] The accused must be informed of the reason for arrest, restriction and detention, and of the right to a lawyer. [32] Within 48 hours of arrest or detention, a suspect must be brought before a court to be charged with a crime. [33] For offenses that carry the death penalty or imprisonment for life, the state must provide legal representation, though it is not specifically stipulated when. [34] In practice, attorneys are not provided until the case is at trial before the High Court, despite the fact that a person usually has spent well over six months in legal detention by that time.

A detainee's family must be informed of the detention at the request of the person in custody. [35] Detainees are also entitled to access to family members, a lawyer, and a personal doctor and medical treatment. [36]  

Capital crimes, such as terrorism and treason, can be brought only in the High Court. Magistrates' courts, which are responsible for lesser offenses, do not have jurisdiction to try these cases, receive a plea or grant bail. However, all civilians should be charged in the magistrates' court, and at that point the accused should be transferred from the custody of the police to prison. If there is a case against the accused, then the charges are presented to the High Court, the defendant enters a plea, and the case is set for trial by the High Court.

In capital cases, the accused may be held up to 180 days (from the time of arrest) before the case is sent to the High Court for trial. This is intended to give the prosecution time to investigate. If an arrested person charged with a capital crime has been in custody for over 180 days, the court must grant bail on reasonable conditions. [37] There are no limits on the time the case may wait for trial.