The Constitution of the Republic of Uganda provides for measures to be taken during a state of emergency where a person has been detained or restricted. The Constitution places upon the Uganda Human Rights Commission a duty to review the case of a person who is restricted or detained under a state of emergency. The duty to review this case by the Human Rights Commission is limited to not later than twenty-one days after the commencement of the restriction or detention and after that, at intervals of not more than thirty days.
The provision goes ahead to state the rights that a person under detention or who has been restricted is entitled to. The provision states that such a person shall be permitted and afforded every possible facility to consult a lawyer of his or her choice or any group of persons who shall be permitted to make representations to the Uganda Human Rights Commission for the review of his or her case.
In addition to this, such a person has a right to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case. It is important to note that these provisions are in line with the principle of fair hearing as enunciated in the Constitution of the Republic of Uganda.
The Human Rights Commission while reviewing any case of a person detained or restricted has the discretion to order a release of that person or uphold the grounds of the restriction or detention.