A GROUNDBREAKING legal case unfolds as a 20-year-old Ugandan man becomes the first to be charged with ‘aggravated homosexuality’ under Uganda’s newly enacted anti-gay legislation. Prosecutors and the defendant’s lawyer confirm this unprecedented legal development, highlighting the contentious nature of the law that has drawn global scrutiny.
Defying international pressures and human rights organisations, Uganda passed one of the most severe anti-LGBT laws globally in May, ushering in a legislative framework that targets the LGBTQ+ community. The law mandates life imprisonment for same-sex intercourse, while reserving the death penalty for cases categorised as ‘aggravated.’ Such instances include repeat offences, homosexual activities that result in terminal illnesses, or same-sex relations involving a minor, an elderly person, or an individual with disabilities.
The specifics of the case emerged from a charge sheet reviewed by Reuters, indicating that the defendant faced charges of aggravated homosexuality on August 18 for engaging in ‘unlawful sexual intercourse’ with a 41-year-old man. The document, however, did not elaborate on the grounds for considering the act as ‘aggravated.’
Jacqueline Okui, spokesperson for the office of the director of public prosecutions, elucidated on the proceedings: ‘Since it is a capital offence triable by the High Court, the charge was read out and explained to him in the Magistrate’s Court on the 18th and he was remanded.’ Okui refrained from divulging further details of the case or any prior instances of such charges.
Justine Balya, the defendant’s attorney, expressed reservations about the constitutionality of the entire law. The legislation has faced legal challenges, although the court has yet to deliberate on the matter. Balya disclosed that four other individuals had been charged under the law since its enactment, with her client being the first prosecuted for ‘aggravated homosexuality.’ She refrained from commenting on the particulars of the case.
While Uganda has not implemented capital punishment for nearly two decades, the death penalty remains a legal provision. In 2018, President Yoweri Museveni contemplated its resumption to curb a surge in criminal activities.
The enforcement of this stringent law three months ago garnered global condemnation and triggered threats of sanctions. Recently, the World Bank suspended new public financing to Uganda in response to the legislation, and the United States imposed visa restrictions on certain Ugandan officials. Furthermore, President Joe Biden directed a review of US assistance to Uganda, reflecting the international concern surrounding the law’s impact on human rights and international relations.
(with Reuters)