STEPS TAKEN TO SECURE YOUR PERSON'S RELEASE FROM A DETENTION FACILITY OTHER THAN PRISON.

Police and all other sister agencies have got powers to arrest you even on mere suspicion of having committed a crime. The intervention of other security agencies like C.M.I, Flying Squad etc, is dependant upon the gravity of the case.
On many occasions, the detentions have gone on for months.

What can be done to secure the release of a person from detention?

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Any person arrested and taken into Police custody may be released until the Police completes its findings. According to Uganda's law, maximum period of Police custody is 48 hours. Within this time, a suspect is supposed to be brought to Court to answer to the charges before him/her.

1. Bond

A suspect can be released on bond. Bond is a guarantee that the suspect will turn up whenever required to do so.

A person arrested with a warrant of arrest (for an offence not punishable by death) can be released from Police custody if the warrant permits it and he/she complies with the conditions of the bond.

A person arrested without a warrant of arrest (for an offence other than murder, treason or rape) can be released on bond if it is not practicable to bring the person arrested before a Magistrate’s Court or the Police in charge of the case deems that he/she cannot end the investigation within 24 hours after custody.

Bond may be given with or without sureties and the suspect will be required to appear before a magistrate’s court at a time and place named in the bond.

1. Unconditional release
   Anyone who has been detained for longer than 48 hours without being taken to court can apply for an order of unconditional release.

2. Bail
   A suspect who has been produced in court and charged may apply to be released on bail subject to certain requirements and basing on the circumstances.

In addition, the following steps can be followed to enable you secure an immediate release of your loved one from police custody or any detention facility;

1. Visit the police or detention facility where your person/suspect has been detained.

2. Find out who the I.O (investigating officer) handling the file is

3. Request to see the suspect and inquire about the details of the case-charges brought against the suspect.

4. Take note of the CRB Number (Criminal report book number) or the GEN/Number (General inquiry file number)

5. Where the charges slapped against the suspect are not capital offences like Murder, Rape, Defilement, Treason etc. request that the suspect be released on police bond.

6. Where the charges are capital offences but it is clear to you that the suspect is a victim of circumstances, explain to the I.O and still request for police bond.

7. Should the I.O have personal interest in the case, talk to the O.C. C.I.D at the Station/post. Who is the immediate supervisor of the I.O.

8. If the O.C C.I.D, does not held, talk to the O.C, Station/post who is the overall at the Station/post.

9. If the O.C Station does not help, talk to the D.P.C who is the district police commander in the district of all other police officers in the district.

10. Where the D.P.C is not of help, go to the Regional O.C CID, he/she is in charge of all investigation within the region that may combine more than one district. Can call for the file and be able to direct investigations and order for the release of any suspect if in his/her opinion such suspect is wrongly detained.

11. Should the Regional O.C CID not be of help, talk to the R.P.C, (Regional police commandant), he is the overall of other police officers mentioned above, can be able to assist.

12. Where you realize that you can’t be helped, make a formal complaint to the C.I.D Headquarters Kibuli, they are divided into various departments. Depending on the nature of the charge, your write to the commandant of that department and copy the Director.

13. The C.I.D headquarters can call for the file and handle it at their level with an open mind and without any influence.

14. If you are still not satisfied with the police circles, you can complaint to the resident state attorney. He/she can call for the file and if in his/her view it lacks merit, they can close it and advise the police to release the suspect.

15. If the problem persists, you can complain to the office of the DPP, the DPP can intervene at any stage of the case.

16. These steps are in addition to applying for a release order and production warrant from the appropriate court.

17. It is not always that you need to go step by step through these steps but you can choose to go to any office that deem reliable to intervene and help you in the circumstance.