The Uganda Law Society (ULS) has issued a strongly worded statement condemning the rendition, detention, and subsequent prosecution of retired Col. Dr. Kizza Besigye and 36 others before Uganda’s General Court Martial.
The statement, signed by ULS Vice President Asiimwe Anthony, described the actions as “a blatant abuse of legal processes and a gross violation of fundamental human rights.”
The ULS highlighted that Dr. Besigye’s arrest and forced transfer from Kenya violated both national and international legal frameworks. “The abduction and arbitrary arrest in Kenya are a clear contravention of Article 9 of the International Covenant on Civil and Political Rights (ICCPR) and Article 12(4) of the African Charter on Human and Peoples’ Rights (ACHPR),” said Anthony.
The Society further noted that the Kenyan authorities failed to adhere to their legal obligations under the Extradition (Contiguous and Foreign Countries) Act, which requires a formal extradition process. “The failure to follow this legal procedure constitutes a grave violation of regional legal obligations and undermines state sovereignty,” Anthony emphasized.
On November 20, 2024, Dr Besigye and his co-accused were presented before the General Court Martial on charges related to activities outside Uganda, including meetings in Geneva, Athens, and Nairobi allegedly aimed at undermining Uganda’s security. The ULS declared the court’s jurisdiction illegitimate.
“The General Court Martial is constitutionally limited to trying active military personnel,” ULS President Isaac Ssemakadde stated in his keynote address earlier this week. He added: “The prosecution of retired officers or civilians in military courts contravenes Uganda’s 1995 Constitution, as reaffirmed in the Constitutional Petition No. 044 of 2015.”
The ULS appealed to the Supreme Court to expedite rulings in critical cases concerning military jurisdiction over civilians. “The delay in resolving appeals such as Attorney General vs. Michael Kabaziguruka has provided a veneer of legality for military overreach,” the statement read. ULS also criticized the military courts for refusing bail to political activists, claiming this tactic is used to force guilty pleas on fabricated charges.
ULS commended the Law Society of Kenya for defending the rights of East Africans and urged regional bodies, including the East African Community and the African Union, to investigate Uganda’s misuse of cross-border legal mechanisms. “This is not just an attack on Dr. Besigye but an existential threat to freedoms across the region,” Anthony said.
ULS also declared that the law is a shield for freedom. It should not be a weapon for repression. The actions against Dr Besigye and his colleagues are a dangerous precedent for state-sponsored impunity in our region.”
The ULS pledged to pursue legal action following consultations with stakeholders. “This is not the end; it is the beginning of our collective resolve to defend the rule of law in Uganda,” Anthony said.
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