Uganda Law Society (ULS) has condemned the rendition and subsequent prosecution of Dr Kizza Besigye before the UPDF General Court Martial in Makindye, Kampala.
“We condemn the abduction in Kenya, cross border arrest, unlawful transfer, and subsequent military prosecution in Uganda of Rtd. Col. Dr Kizza Besigye before the General Court Martial,” said ULS President Isaac Ssemakadde in a statement on Friday, November 22.
In his Keynote Address on the State of the Rule of Law, Constitutionalism and Human Rights on 18th November 2024, Ssemakadde equally condemned similar violations against 36 other individuals associated with the Forum for Democratic Change (FDC) Katonga office, who were extrajudicially rendition from Kisumu into the criminal justice system of Uganda on charges of “terrorism”.
Citing legal and human rights violations, ULS asserts that the extradition of Dr. Besigye from Kenya to Uganda violated international, regional, and local laws. It highlighted concerns about unlawful rendition and lack of adherence to due process.
“We urgently call upon the Kenyan authorities to thoroughly investigate the circumstances of his alleged abduction to uphold the rule of law and respect for human rights. The failure to adhere to established legal procedures under Kenya’s Extradition Act renders this arrest and transfer illegal,” noted Ssemakadde.
Law Society also criticized the use of Uganda’s General Court Martial to try Dr Besigye on charges like terrorism and illegal possession of firearms, arguing that military tribunals lack jurisdiction over civilians for these offences.
On November 20, 2024, Dr Besigye appeared before the General Court Martial, which ULS states does not have the authority to prosecute civilians, citing Uganda’s Constitutional Court precedents and international conventions.
The statement highlights issues with due process and the right to a fair trial, emphasizing that military trials should not be used as substitutes for civilian courts.
ULS urged immediate action to ensure Dr Besigye receives a fair trial in a civilian court, demanded respect for international legal standards and called for adherence to principles of natural justice and a halt to the abuse of legal frameworks in Uganda.
FDC Katonga to March to Kenyan High Commission
Meanwhile, the leaders of People’s Front for Freedom (PFF)-Katonga have announced plans to march to the Kenyan High Commission in Kampala to demand an explanation for the abduction of Dr Besigye and his aide, Haji Obeid Lutale.
The Faction’s Spokesperson Ibrahim Ssemujju Nganda said they intend to raise the matter on the floor of Parliament and pursue legal action against the governments of both Kenya and Uganda.
Nganda told journalists that they have decided to march to the Kenyan High Commission in Kololo on Monday next week to petition them over these arrests.
They seek to know if there is an agreement signed between Uganda and Kenya barring opposition from going to Kenya.
After visiting them at Luzira prison, Nganda said Dr Besigye and Lutale are in good health.
The main FDC faction led by its President Patrick Oboi Amuriat said the Ugandan regime’s decision to extend “its oppressive practices beyond its borders undermines regional stability and international laws”.
“We urge the Government of Kenya, regional authorities, and the international community to unequivocally condemn these violations and demand the immediate release of these individuals. As advocates for democracy, human rights, and the rule of law, we reaffirm our commitment to protecting the freedoms and dignity of all Ugandans,” noted Amuriat.