Summary:
- According to the statement, Dr. Besigye’s abduction and arbitrary arrest in Kenya violate Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which both Kenya and Uganda have ratified.
KAMPALA: The Uganda Law Society (ULS) has strongly condemned the abduction of Rtd. Col. Dr. Kizza Besigye in Kenya, his cross-border arrest, unlawful transfer, and subsequent prosecution in Uganda’s General Court Martial.
The Society reaffirmed its unwavering commitment to upholding the rule of law, defending human rights, and ensuring accountability for those who violate these principles.
In his keynote address on the State of the Rule of Law, Constitutionalism, and Human Rights on November 18, 2024, ULS President Isaac Ssemakadde also condemned similar violations against 36 other individuals linked to the People’s Front for Freedom. These individuals were extrajudicially rendered from Kisumu into Uganda’s criminal justice system on charges of “terrorism.”
“These actions represent a flagrant abuse of legal processes and fundamental rights, undermining the rule of law and setting a dangerous precedent for state-sponsored impunity, both in Uganda and the region,” Ssemakadde stated in a press release issued by Vice President Anthony Asiimwe on November 22, 2024.
According to the statement, Dr. Besigye’s abduction and arbitrary arrest in Kenya violate Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which both Kenya and Uganda have ratified. This provision guarantees protection against arbitrary arrest.
“The forced removal of Dr. Besigye from Kenyan soil without due process also breaches Article 12(4) of the African Charter on Human and Peoples’ Rights (ACHPR), which mandates that a non-national may only be expelled from a state following a lawful process,” Asiimwe said. He called on Kenyan authorities to thoroughly investigate the circumstances of Besigye’s alleged abduction to uphold the rule of law and protect human rights.
Asiimwe further emphasized that Kenya’s failure to follow established legal procedures, as outlined in the country’s Extradition (Contiguous and Foreign Countries) Act, rendered Dr. Besigye’s arrest and transfer illegal. Section 5(1) of the Act specifies that a requisition for the surrender of a fugitive must be made to the Kenyan Minister by a diplomatic representative or consular officer. This process was not followed, resulting in a violation of both regional legal obligations and state sovereignty.
The Military Tribunal Proceedings
On November 20, 2024, Dr. Besigye was arraigned before Uganda’s General Court Martial on charges related to activities outside Uganda, including alleged meetings in Geneva, Athens, and Nairobi, aimed at prejudicing the security of Uganda’s defense forces. Additionally, he is accused of possessing firearms while in Nairobi.
The Uganda Law Society affirms that the General Court Martial does not have the jurisdiction to hear these charges, as it does not possess universal jurisdiction.
“Even if such jurisdiction existed, prosecuting Dr. Besigye in the Court Martial is an egregious misuse of Uganda’s military justice system, which is designed exclusively for active military personnel. Subjecting a retired officer to military jurisdiction violates the 1995 Constitution, as clearly established by the Constitutional Court in the case of Rtd. Captain Amon Byarugaba and 169 others v. Attorney General (Constitutional Petition No. 044 of 2015). The Court ruled that the exercise of jurisdiction by military courts to try civilians for criminal offenses is unconstitutional,” Asiimwe explained.
He also called on the Supreme Court to promptly address these legal issues by issuing judgments in the cases of Attorney General vs. Michael Kabaziguruka and Attorney General vs. Rtd. Captain Amon Byarugaba and 169 Others.
“The failure to resolve these appeals is a grave matter. It has provided a veneer of legality to military actions and allowed some to obscure the correct legal position on the trial of civilians in military courts,” Asiimwe added.
While acknowledging the challenges faced by the Supreme Court in recent years, Asiimwe stressed that the delays in disposing of these appeals have had significant real-life consequences for Ugandans.
“Elements within the army continue to arbitrarily arrest and charge civilians before the Court Martial. It is also well-documented that military courts have refused to grant bail to several political activists affiliated with the National Unity Platform, with the explicit intent of coercing them into pleading guilty to false charges. The Supreme Court must act swiftly to provide closure for these citizens,” he stated.
Condemnation and Call for Justice
The Uganda Law Society strongly condemned the disregard for legal processes and called for the immediate release of Rtd. Col. Dr. Kizza Besigye. If there is a case for lawful prosecution, they demanded that he be tried in a civilian court in full compliance with national and international standards.
The ULS also called on the Ugandan government to cease weaponizing state institutions to persecute political opponents.
“This is not just an assault on Dr. Besigye’s rights; it is an existential threat to the freedoms of all Ugandans,” Ssemakadde asserted.
He praised the Law Society of Kenya for its commitment to defending the rights of East Africans within Kenya, and urged the East African Community and the African Union to initiate independent investigations into Uganda’s abuse of cross-border legal processes.
The Uganda Law Society also appealed to all Ugandans, regional civil society organizations, and human rights defenders to stand in solidarity against the erosion of legal protections and the weaponization of state power.
“ULS will follow up this condemnation with appropriate legal action after completing consultations with stakeholders,” the statement concluded.
