By The ongoing treason case involving opposition figure Dr Kizza Besigye and co-accused Hajj Obeid Lutale took a dramatic turn on Wednesday, as their legal team accused the state of violating their clients’ constitutional rights and undermining the integrity of the judicial process.
Defence lawyers erupted in frustration during proceedings at the Nakawa Magistrate’s Court, condemning what they called degrading and unjust treatment of the accused while in custody at Luzira Prison. They alleged that both men have been held in near-complete isolation, unable to associate with other inmates or communicate freely with their families.
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Erias Lukwago, a member of the defence team, decried the conditions as extreme. “This is no ordinary remand. Our clients are confined in a way that amounts to solitary detention. It’s a clear breach of their right to associate,” he said.
The treatment, they argued, not only infringes on basic freedoms but also paints the accused as guilty before trial has even begun. “The image being presented—ten heavily armed officers surrounding them in court, sirens blazing from lead vehicles—is meant to intimidate and pre-judge,” added lawyer Frederick Mpanga.
The defence lawyers also accused the prosecution of alleged interference with access to legal and medical support. Mpanga told court that one of the accused tried to consult their doctor during a court appearance, but was denied the opportunity. He pleaded with the court to permit humane visitation. “We simply ask that they be allowed time with their people. These are basic rights, not privileges,” he said.
While the defence focused on conditions of detention, the prosecution zeroed in on procedural issues. Chief State Attorney Richard Birivumbuka accused the defence of failing to disclose key information, particularly the filing date of an application to the High Court for revision of a previous ruling.
“My learned friend says the application exists, but we’ve seen no proof. When exactly was it filed?” Birivumbuka pressed, accusing the defence of stalling progress on the case.
Mpanga responded firmly, stating that the application was entered into the Electronic Court Case Management Information System (ECCMIS) and could be verified digitally. “He cannot shift the blame onto us for not checking the court’s own system,” he shot back.
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Lukwago further challenged the state’s commitment to fairness, noting delays in securing phone data that had been in state custody since the arrests. “They’ve had the devices since November, but only moved to access them four months later. Who’s delaying who?” he asked.
The defence also expressed disappointment with the court’s decision to permit the cross-examination of Detective Odyek behind closed doors, arguing that such a significant matter should not be shielded from public scrutiny. The state cited national security concerns, while the defence vowed to seek redress in the High Court.
The case has been adjourned to May 21 for further mention. Until then, questions remain not only about the evidence against the accused but also about the fairness of the legal process itself.
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