By The High Court in Kampala has been petitioned to order prison authorities to produce the bodies of Dr. Kizza Besigye and his aide, Hajj Obeid Lutale, whether alive or dead.
The petition, filed by Ms. Winnie Byanyima, wife of the veteran opposition leader, argues that despite a Supreme Court ruling barring the prosecution of civilians in military courts and directing the transfer of their cases to civilian courts, the two continue to be illegally detained at Luzira Maximum Prison.
“Despite the Supreme Court’s decision and orders, the Attorney General, the Prisons Service, and their agents have continued to detain Dr. Besigye and Hajj Lutale without any lawful justification or valid remand warrant,” Ms. Byanyima states in her affidavit.
She further demands that a writ of habeas corpus ad subjiciendum be issued, compelling the authorities to present Dr. Besigye and his aide before the court for appropriate legal action.
Ms. Byanyima, who also serves as the Executive Director of UNAIDS, insists that her husband’s prolonged detention is a violation of his constitutional right to personal liberty. However, as of press time, it remained unclear when the court would hear the application.
Supreme Court Ruling Against Military Trials for Civilians
The legal standoff follows a landmark Supreme Court ruling last Friday, in which a 6:1 majority judgment declared the trial of civilians in military courts unconstitutional.
Chief Justice Alfonse Owiny-Dollo, who authored the majority ruling, held that military courts lack fairness and impartiality, contravening the constitutional right to a speedy and fair trial before competent courts.
“All charges, ongoing trials, or pending cases before military courts involving civilians must immediately cease and be transferred to ordinary courts of law with competent jurisdiction,” Chief Justice Dollo ruled.
He further noted that the UPDF Act lacks constitutional safeguards to ensure independence and impartiality in military judicial processes, thereby violating fundamental rights enshrined in Articles 21, 28(1), 44(c), and 128(1) of the 1995 Constitution.
Legal Struggles to Secure Besigye’s Release
Despite the Supreme Court’s verdict, Dr. Besigye and Hajj Lutale remain in custody. Their legal team has spent the past three days engaging various government offices, seeking enforcement of the court order.
However, their efforts have been frustrated by prison officials, who maintain they cannot release the detainees without a formal release order from the Attorney General’s Office.
Attorney General Kiryowa Kiwanuka, while appearing before Parliament on Tuesday, stated that he had written to the Director of Public Prosecutions (DPP), Jane Frances Abodo, to determine the appropriate process for transferring cases from military courts to the civilian judiciary.
Background: Arrest and Charges
Dr. Besigye and Hajj Lutale have been in detention since November last year, after being arrested in Nairobi, Kenya, and forcibly returned to Uganda. Initially charged with possession of firearms and ammunition, the State later amended the charge sheet to include a serving military officer and a fresh charge of treachery—a charge the accused have refused to enter a plea for.
As the legal tug-of-war continues, it remains uncertain when the Supreme Court’s ruling will be implemented, and whether Dr. Besigye and his aide will finally be granted their constitutional right to freedom.
