Uganda: Besigye Case Stalls As Court Martial Deliberates On Lawyer's Detention

7 January 2025

The General Court Martial has once again delayed proceedings in the case of opposition leader Dr. Kizza Besigye, this time to deliberate on the detention of lawyer Eron Kiiza.

Mr Kiiza, who has been a central figure in Besigye's defence, was thrown into the caged dock where his two clients Besigye and Obeid Lutale were earlier in the morning after a dramatic clash with the prosecution.

Judge Advocate Brigadier-General Richard Tukacungurwa accused Mr Kiiza of contempt of court. The two had in December clashed in the same court, with the military officer threatening to lock up Kiiza for contempt.

The delay has sparked renewed tensions between the defense team and the court, with Kiiza's detention at the forefront of the legal dispute.

According to the Court Martial Chairman, General Freeman Mugabe, Mr Kiiza had overstretched the court's generosity and had been previously warned about his conduct.

"Court will handle Eron Kiiza after the proceedings," said Mugabe during the chaotic session. "Please, the court must remain silent and respectful," he added.

However, the defence team, led by senior counsel Martha Karua, strongly disagreed with the court's actions. Ms Karua voiced her frustration, stating that the defence team had been left in the dark regarding Kiiza's situation.

"We have instructions not to proceed with receiving the ruling until the fate of Eron Kiiza is resolved," she said.

"We don't know how he is being handled, and the team is incomplete. Article 28 guarantees a fair hearing, and Eron Kiiza is a key member of our legal team. He was subjected to inhumane treatment."

The detention of Kiiza also raised questions about the treatment of defence lawyers in the court.

"An advocate should not be refused from approaching court," Karua continued. "There was an intention to assault him. This is a matter of life and death. The assault is increasing in the premises of the court. It is unfortunate that the Court is going back and forth. It's a bad image."

Ms Karua's concerns were echoed by fellow defence lawyer Erias Lukwago, who questioned the court's approach.

"Don't conduct this as an LC court. You seem to be acting on the orders of the judge advocate. This court is subject to law. Do we have a right of audience?" Lukwago demanded, challenging the court's authority.

He further criticised the court for blocking their ability to consult with Besigye, who is currently detained at Luzira Maximum Prison. "Even when you go to Luzira, you can't see Dr. Kizza Besigye," Lukwago lamented.

Judge Advocate Tukacungurwa, however, remained firm in his position. "I am mandated to advise court on all matters of law. This court is not a tribunal, and to refer to it as such is contempt of court," he declared.

His response was met with further pushback from the defense. "The permissions you have granted have been abused," Karua said, continuing her criticism of the court's handling of the case.

The prosecution, meanwhile, argued that the defense team was not authorized to submit certain documents. "On December 9, Besigye and Lutale notified the authority that they had appointed Mpanga, Katumba, and another lawyer," the prosecution stated.

"Only three lawyers are authorized to submit their representation. Without written instructions from the accused persons, some lawyers have filed, but I don't have any instructions from them."

Besigye himself rejected the prosecution's claims, asserting that all his lawyers had been given instructions.

"The ones who gave authority are here. They are not the only ones who were given authority. I was not aware that all of them have to be written, but all lawyers have our instruction," Besigye clarified.

After the defence team declined to entertain any ruling over counsel Kiiza's deadlock, Gen Mugabe was forced to call yet another adjournment to January 13.

But not before Gen Tukacungurwa declared his intention to amend the charge sheet to "add another person".

He did not indicate who the other person is but during the tense showdown, he had also accused Ms Karua of contempt of the court.

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