The Uganda Law Society (ULS) has called on the African Union (AU) and the East African Community (EAC) to initiate independent investigations into Uganda’s alleged abuse of cross-border legal processes.
Besigye was arrested last weekend in Nairobi, Kenya, where he was scheduled to attend and speak at Hon. Martha Karua’s book launch.
In a statement released on Friday, the ULS condemned the abduction, cross-border arrest, unlawful transfer, and subsequent military prosecution of Dr. Kizza Besigye by Ugandan authorities.
ULS Council of members, including Vice President Asiimwe Anthony, Treasurer Isiko Arthur, Secretary Munaabi Phillip, and Central Council Representative Geoffrey Turyamusiima, stood united in issuing this statement on behalf of the Radical New Bar President, Isaac Ssemakadde.
The organization described these actions as blatant violations of legal processes and fundamental rights, which undermine the rule of law and set a dangerous precedent for state-sponsored impunity in Uganda and the region.
“Dr. Besigye’s abduction and arbitrary arrest in Kenya violate Article 9 of the International Covenant on Civil and Political Rights, which guarantees protection against arbitrary arrest and has been ratified by both Kenya and Uganda. His forced removal from Kenyan soil without due process further breaches Article 12(4) of the African Charter on Human and Peoples’ Rights, which states that a non-national may only be expelled from a state following a lawful process,” the statement read.
The ULS also criticized the decision to prosecute Dr. Besigye in a military court, arguing that Uganda’s military justice system is exclusively intended for active military personnel.
The statement further urged the justices of Uganda’s Supreme Court to deliver their judgments in Attorney General vs. Michael Kabaziguruka and Attorney General vs. Retired Captain Amon Byarugaba. The ULS highlighted that delays in resolving these cases have provided a veneer of legality to the prosecution of civilians in military courts, enabling misuse of the legal system.
“The continued failure to rule and dispose of these appeals is a matter of grave scandal. It has allowed the military’s actions to appear legitimate while obstructing the correct legal position on the trials of civilians in military courts,” the statement emphasized.
The ULS called on the Ugandan government to cease using state institutions to persecute political opponents, warning that such actions not only violate Dr. Besigye’s rights but also threaten the freedoms of all Ugandans.
The organization also commended the Law Society of Kenya for its efforts to protect the rights of East Africans within Kenya and pledged solidarity with those advocating for justice.
The ULS joins several Ugandan opposition leaders, including Hon. Mugisha Muntu and Robert Kyagulanyi, in condemning the manner in which Dr. Besigye was abducted.
Dr. Besigye and Hajji Lutale are set to appear in court again on December 2, 2024, as legal arguments over jurisdiction and the charges continue. The case has reignited regional concerns over cross-border arrests and the treatment of opposition leaders.
