Summary:
- Wangadya criticized the arrests and questioned their legality.
KAMPALA: The Chairperson of the Uganda Human Rights Commission (UHRC), Mariam Wangadya, has urged the government to drop charges against veteran opposition leader Col (Rtd) Dr. Kizza Besigye and Hajj Obed Lutale.
The two are facing trial in the General Court Martial at Makindye over allegations of illegal possession of firearms and ammunition.
Dr. Besigye and Hajj Lutale were remanded to Luzira Prison on November 20, 2024, and are scheduled to reappear in court on December 2, 2024.
In a statement issued on Thursday, November 21, 2024, Wangadya criticized the arrests and questioned their legality. She argued that the operation to detain the duo violated human rights and lacked proper justification.
“I call upon the state to drop the charges against Dr. Kizza Besigye and Hajj Lutale Obed in the Court Martial. Their arrest on foreign soil in such a secretive manner was uncalled for,” Wangadya stated, emphasizing that there was no imminent security threat necessitating such actions.
She further described the charge sheet as “incurably defective,” urging that, if necessary, new charges be brought before civilian courts. “Fresh charges may be brought in courts of judicature subject to the evidence gathered since these two men are civilians,” she noted.
Cross-Border Controversy:
Wangadya revealed she had consulted with Dr. Roselyn Odede, Chairperson of the Kenya National Commission on Human Rights, to clarify circumstances surrounding Besigye’s disappearance. “In her view, this was an abduction,” Wangadya said, calling for accountability and adherence to international human rights standards.
Meanwhile, Siaya County Governor James Orengo condemned Besigye’s abduction in Nairobi and his forcible transfer to Uganda, terming it a violation of Kenya’s constitutional and democratic principles. Orengo called on the Kenyan government to investigate the incident and demand Besigye’s release.
“Besigye, who had entered Kenya legally, was allegedly abducted by individuals linked to Kenyan security agencies. If that was not so, then it raises fundamental questions about the authority of our security agencies,” Orengo stated.
Political and Legal Reactions:
The arrests have sparked outrage among Ugandan opposition leaders and activists.
Moses Byamugisha, a former Guild President of the Law Development Centre, called for a boycott of Kenyan President William Ruto’s businesses operating in Uganda, accusing Ruto of enabling the abuse of national and international laws.
Buhweju County MP Francis Mwijukye demanded Besigye’s immediate release, alleging that his abduction was part of a larger trend targeting Ugandan opposition leaders.
“Why are Ugandan opposition leaders who travel lawfully to Kenya kidnapped and detained in Ugandan military jails? Besigye must be released now,” Mwijukye said.
Retired General Mugisha Muntu, leader of the Alliance for National Transformation (ANT), decried the legal irregularities in the case, warning against further erosion of justice.
“The madness continues. Arrested in Kenya. No extradition processes followed. Paraded in a military court. These actions are packed with illegalities and reckless disregard for justice. Don’t push our countries to the precipice,” Muntu stated.
Legal Defense:
During their court appearance on November 20, 2024, Dr. Besigye and Hajj Lutale pleaded not guilty to the charges. Their lawyer, Erias Lukwago, contested the General Court Martial’s jurisdiction, arguing that the alleged offenses were committed outside Uganda’s territory.
As the case proceeds, pressure mounts on both Ugandan and Kenyan authorities to address the growing concerns over human rights violations and adherence to legal protocols.
