THE POLICE IS NOT YOUR FRIEND. ALWAYS EXERCISE THE RIGHT TO REMAIN SILENT WHEN UNDER ARREST.

The police have a well-known mandate: they have to enforce or implement the law. That is their job. Along the way, they pick up information in the form of tips, which may help them better implement their mandate. This is their work. In fact, the Police Act specifies that the function of the police is to enforce the laws of Uganda and to prevent and detect crime in society.

When the police inform you of the right to remain silent when being arrested, it is not because they are your friends and that they do not want you to be in trouble. It is because this is a duty that they have to ensure that they caution you. This is because, as they say, anything and everything that you say may be used against you in the courts of law.

The idyllic genesis of this duty was born from the case of MIRANDA vs. ARIZONA STATE (1966). In this case, Ernesto Miranda was arrested for rape and kidnap. He confessed to the police, but he was not informed of his rights, which included the right to remain silent and the right to an attorney. The US Supreme Court ruled that these statements, procured from a person under arrest without informing them of their rights, cannot be used against them in court. Following this case, these rights were referred to as the MIRANDA rightsin the United States, and these include: the right to remain silent, the right to an attorney (and to provide one if the suspect cannot afford one), and that anything said shall be used against them in the courts of law.

These rights have been universally adopted, and it is very common to notice that in most arrests all over the world, the suspect is informed of these rights. In the UK, for instance, it has also been adopted that these rights are read to the suspect at the time of arrest.

In Uganda, there has been no jurisprudence to require the police to inform the suspect of these rights at the time of arrest. In fact, Article 23(3) of the 1995 Constitution of the Republic of Uganda simply provides that:
“A person arrested, restricted, or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction, or detention and of his or her right to a lawyer of his or her choice.”

However, the right to remain silent is one that is protected, as it protects one from making self-incriminating statements. First of all, in all criminal matters, the burden is on the State to prove that a person is guilty. There is no reciprocal burden upon a person arrested to prove their innocence. This means that if one keeps quiet from the time of arrest until the end of the trial, the State still has to discharge its burden to establish that indeed the suspect is guilty. If it fails, then the suspect is still presumed innocent and, as such, shall be able to walk away a free man.

It is a common practice that upon arrest in Uganda (and many jurisdictions), one is taken to the police for questioning. These are known as inquiries. In some instances, the suspects are instructed to write a statement about some specific allegations. The question is, should you? Well, the answer is that you have the right to remain silent and not to incriminate yourself. Therefore, you have the right to decline to write a statement.

When one declines to write or record a statement, then the police cannot coerce the suspect. Doing so will mean that whatever statement made under fear is actually a coerced confession, and it can be expunged from the court evidence or deemed inadmissible. The courts have been active in ensuring that confessions procured out of coercion are expunged. In fact, Section 23 of the Evidence Act provides that a confession shall be admissible only if it is made in the immediate presence of a police officer or a person above the rank of assistant inspector or a magistrate.

However, confessions that are made willingly because a suspect believes that he or she is cooperating with the police shall not be deemed to be out of coercion. When a suspect has been put in an interrogation room and he is made aware that inquiries are to be made, then if he or she offers to make any statements, they shall be used against them in court. In fact, one trick the police usually apply is to inform the person that he or she is not under arrest and, as such, the Miranda rights are not necessary. Please be advised that whatever you say shall be used against you.

Therefore, upon arrest, you have the right to remain silent. It is imperative that you exercise it. You have a right to an attorney to be present in any interactions between you and the police. Even if the police inform you that you are not under arrest and that they are simply making inquiries, please request the presence of an attorney. What is said in this casual interaction can become evidence against you since you offered the same without any coercion whatsoever. Remember, the police are not your friend. Policing is a job.

One last thing: exercising the right to remain silent is not in any way a hindrance to the police doing their job. It is for your protection. There is no duty to help the police to conduct their investigations if you feel that you are treated as a suspect. The police are human, and they may be influenced by many factors when conducting their investigations that may bias them in one way or another. It is therefore imperative that you have an attorney with you if you feel that you have anything to share. The attorney shall ensure objectivity and also be able to advise when and what you may disclose.

Shafir Hakeem Yiga, Esq.
Chief Executive Partner,
YIGA ADVOCATES

17.03.2025