A Ugandan court has discontinued a high-profile criminal case against the first individual to be charged with “aggravated homosexuality” under the country’s controversial Anti-Homosexuality Act of 2023, bringing to an end nearly a year of detention and more than two years of legal proceedings.

The case centred on a young man from Soroti, in north-eastern Uganda, who was 20 years old at the time of his arrest in August 2023. He was accused of “unlawful sexual intercourse” with a 41-year-old man and subsequently became the first person to be charged under the new law’s most severe provision, which allows for the death penalty in cases classified as aggravated homosexuality.

Uganda’s Anti-Homosexuality Act was signed into law in May 2023 by President Yoweri Museveni. The legislation reinforced the criminalisation of same-sex relations and introduced significantly harsher penalties, including capital punishment, for offences defined as aggravated homosexuality. Under the Act, this includes same-sex acts involving minors, incest, or sexual activity by a person living with HIV.

According to the man’s lawyer, Douglas Mawadri, his client spent nearly a year in custody awaiting trial. During proceedings that stretched over more than two years, prosecutors amended the original charge. Instead of aggravated homosexuality, the accused was later charged with “carnal knowledge against the order of nature”, an offence under Uganda’s penal code that carries a maximum sentence of life imprisonment.

On Monday, February 2, a magistrate ruled that the case should be discontinued after finding that the accused was of “unsound mind”, following his prolonged detention without trial. Mr Mawadri said the ruling was delivered orally in court, adding that a written judgment is expected to be issued at a later date.

Human rights groups have repeatedly criticised Uganda’s Anti-Homosexuality Act, warning that it has fuelled discrimination, arbitrary arrests and prolonged detentions. The case had drawn particular attention because it was seen as an early test of how aggressively the authorities would apply the law’s most extreme provisions.

While the court’s decision brings some relief,  campaigners note that the underlying legislation remains in force. The “aggravated homosexuality” and then wider Anti-Homosexuality Act continues to pose serious risks to the rights, safety and well-being of Ugandan LGBTQ+ people