Uganda: Opposition Demands Civilian Trials for Besigye, Kamulegeya

Dr Besigye alights the Prisons van at Makindye court premises on arrival for his bail hearing.
9 December 2024

Leaders of various opposition political parties and formations have jointly condemned the abduction of Dr. Kizza Besigye and Hajj Obeid Kamulegeya Lutale from Kenya, followed by their arraignment before Uganda's General Court Martial.

In a joint statement issued on December 9, 2024, opposition leaders criticised the November 16 incident as a violation of Kenya's sovereignty and international laws.

They described the abduction as a "complete disregard for domestic, regional, and global legal frameworks."

The leaders also opposed the trial of the duo in a military court, arguing that the General Court Martial lacks jurisdiction over civilians.

They condemned the court's structure, where the military acts as the complainant, prosecutor, and judge, stating it undermines fairness and justice.

"The General Court Martial cannot offer a free and fair trial. Its processes are fundamentally biased and contravene Uganda's Constitutional Court rulings prohibiting the trial of civilians in military courts," the statement read.

The opposition called on Chief Justice Owiny-Dollo and the Supreme Court to intervene and halt the trial of civilians in military courts.

They also demanded that politically motivated cases against civilians be transferred to competent civilian courts.

"We call upon the judiciary to uphold the rule of law and human rights by ensuring that no civilian is subjected to military court processes," the leaders added.

The statement further demanded the dismissal of charges against Dr. Besigye and Lutale. If the cases are to proceed, the opposition insisted they must be tried in civilian courts with proper jurisdiction.

The joint statement was signed by representatives of various political entities, including the National Unity Platform (NUP), People's Progressive Party (PPP), and Justice Forum (JEEMA). Joel Ssenyonyi, the Leader of the Opposition in Parliament, was among the signatories.

Dr. Besigye and Hajj Kamulegeya had traveled to Kenya to attend the book launch of prominent Kenyan lawyer Martha Karua. Their incommunicado detention followed their forced return to Uganda.

It took a media expose of Dr. Besigye's disappearance in Kenya for the government to hastily arraign the duo before the General Court Martial in Makindye.

They were charged with offenses related to security, including unlawful possession of firearms and ammunition.

These charges, which carry the possibility of a death sentence, have drawn sharp criticism from human rights organisations and legal experts.

"Military courts in Uganda are inherently biased and lack the independence and impartiality required for fair trials," the opposition said, describing these courts as tools for political persecution and judicial harassment.

They argued that military courts operate under the control of the military high command, outside the bounds of civilian judicial oversight.

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