The Uganda Law Society (ULS) has issued a strongly worded statement condemning the rendition, detention, and subsequent prosecution of retired Col. Dr. Kizza Besigye and 36 others before Uganda’s General Court Martial. The statement, signed by ULS Vice President Asiimwe Anthony,
The ULS highlighted that Dr. Besigye’s arrest and forced transfer from Kenya violated both national and international legal frameworks. “The abduction and arbitrary arrest in Kenya are a clear contravention of Article 9 of the International Covenant on Civil and Political Rights (ICCPR) and Article 12(4) of the African Charter on Human and Peoples’ Rights (ACHPR),” said Anthony.
The Society further noted that the Kenyan authorities failed to adhere to their legal obligations under the Extradition (Contiguous and Foreign Countries) Act, which requires a formal extradition process. “The failure to follow this legal procedure constitutes a grave violation of regional legal obligations and undermines state sovereignty,” Anthony emphasized.
On November 20, 2024, Dr Besigye and his co-accused were presented before the General Court Martial on charges related to activities outside Uganda, including meetings in Geneva, Athens, and Nairobi allegedly aimed at undermining Uganda’s security. The ULS declared the court’s jurisdiction illegitimate.
“The General Court Martial is constitutionally limited to trying active military personnel,” ULS President Isaac Ssemakadde stated in his keynote address earlier this week. He added: “The prosecution of retired officers or civilians in military courts contravenes Uganda’s 1995 Constitution, as reaffirmed in the Constitutional Petition No. 044 of 2015.”
