By Uganda Prisons Services has defended its decision to deny access to Elias Lukwago, the legal representative of opposition leader Dr. Kizza Besigye, citing scheduling conflicts on the day of the visit.
According to Commissioner General Dr. Johnson Byabashaija, the decision was necessitated by a visit from Parliament’s Human Rights Committee, which was given priority over other visitors. He explained that due to the high volume of visitation requests, it was imperative to maintain order at the facility.
“I authorized Members of Parliament to visit Dr. Besigye first because of the many requests we receive for access,” Byabashaija stated. “It was a busy day, and I do not regret prioritizing MPs over Lukwago. Order and structure must be maintained in such high-profile cases.”
However, Byabashaija clarified that Lukwago was permitted to meet Dr. Besigye the following day, affirming that prison authorities remain committed to upholding detainees’ right to legal representation.
Legal and Human Rights Concerns
Dr. Kizza Besigye, a long-time opposition figure, is facing serious charges, including unlawful possession of firearms and threats to national security. His legal team, led by Lukwago, has been advocating for a fair trial amid what they describe as a politically charged environment.
The incident has reignited discussions about access to legal counsel and the rights of political detainees in Uganda, with critics accusing the authorities of deliberately obstructing Besigye’s defense.
The Uganda Human Rights Commission (UHRC) has also weighed in, denouncing the charges against Besigye and his co-accused, Obeid Lutale Kamulegya. The commission has urged the government to withdraw the case, labeling the charges as legally flawed and beyond the jurisdiction of Uganda’s military courts.
In a statement, UHRC Chairperson Mariam Wangadya emphasized that the charges—stemming from alleged activities in Kenya—should not be handled by Uganda’s military tribunal.
“The charge sheet is fundamentally defective and cannot be corrected,” Wangadya asserted. “Under international criminal law, offenses committed on foreign soil must be prosecuted in the country where they occurred.”
She further criticized the government’s decision to prosecute Besigye and Lutale in the General Court Martial, a tribunal typically reserved for military personnel.
“These are civilians, not military officers, and therefore should not be subjected to military law,” she said. “The charges should be dropped immediately.”
Concerns Over Besigye’s Arrest in Kenya
The UHRC also condemned the manner in which Besigye was removed from Nairobi and brought back to Uganda, questioning the urgency of the operation.
“If an arrest was necessary, authorities should have waited for his return to Uganda. There was no national crisis or imminent threat,” Wangadya stated. “Why the rush?”
She further pointed out that the government’s swift actions, particularly in the absence of immediate security concerns, raise serious questions.
“If the alleged meetings he was organizing posed a real danger, why wasn’t the matter handled through diplomatic channels? The urgency of his removal remains questionable.”
As pressure mounts, Uganda Prisons Services and the government continue to face scrutiny over their handling of Besigye’s case, with calls for transparency and adherence to legal procedures growing louder.
