General Court Martial Remands Dr. Kizza Besigye and Co-Accused to Luzira Prison

The General Court Martial has further remanded Retired Col. Dr. Kizza Besigye and his co-accused, Obeid Lutaale Kamulegeya, to Luzira Prison until January 7,, 2025, as they face charges of unlawful possession of ammunition and firearms.

The remand followed submissions by their legal team, led by Erias Lukwago and Eron Kiiza, who raised several concerns, including the arrest of one of their colleagues, Retired Major Ronald Iduli, the lack of sufficient seating for the lawyers, and the denial of a practicing certificate to Martha Karua, who was set to be the lead counsel.

Lukwago informed the court that the defense team was not fully constituted due to these issues and, as a result, they were unable to proceed. He also introduced three visiting jurists: Margaret Nangacovie from Angola, Gicheru Kimei from Kenya, and Martha Karua, also from Kenya.

Lukwago noted that many of Besigye’s lawyers were forced to stand due to the lack of seating arrangements, despite the court being filled. He also expressed concern that the windows of the court hall were not opened, which he argued hindered a comfortable working environment.

Additionally, Lukwago noted that Martha Karua, who had been appointed as the lead counsel, was denied a practicing certificate by the Uganda Law Council. He stated that they had filed objections to the decision, questioning whether certificates were only granted to foreign lawyers in civil matters and arguing that Karua’s East African passport should facilitate her practice.

The Judge Advocate, Brigadier Richard Tukacungurwa, interrupted Lukwago’s submission, asserting that the court had already addressed the issue of Karua’s certificate and that she would not be allowed to serve as the lead counsel. He added that Lukwago would lead the defense team.

Kiiza also raised the issue of Retired Major Iduli’s abduction that morning, emphasizing that the team’s inability to proceed was exacerbated by the absence of one of their key members. He expressed concerns that the legal team and their clients were being subjected to intimidation and threats, especially since the defense lawyers were left standing.

During the session, the defense lawyers expressed frustration with the treatment they received at the court. Nalukoola Luyimbazi, another member of the defense team, spoke about the challenging conditions they faced and criticized the treatment of both the lawyers and their clients. Luyimbazi suggested that the court should emulate other courts in the region to improve the conditions.

In response, Brigadier Robert Freeman Mugabe explained that the seating arrangements were based on the number of lawyers who had submitted their instructions. Kiiza, however, insisted that the accused had the right to choose their legal representation and that this right should not be compromised. As the session continued, the Judge Advocate emphasized that lawyers must file their instructions with the Registrar and abide by the court’s rules.

He also warned that failure to follow protocol could result in contempt of court. Lukwago raised concerns about the independence of the court and sought clarification from the Court Martial Chairperson on who was in charge. Kiiza suggested that the legal team could exert pressure on the authorities to produce Major Iduli or use other means to resolve the issue.

In a lighter moment, Army Prosecutor Lt. Col. Raphael Mugisha questioned Kiiza’s conduct during a previous session, implying that Kiiza had been unprofessional by engaging in physical exercises outside the courtroom before the hearing.  Kiiza, however, responded by indicating that he would write to the Chief of Defense Forces to demand the names of those responsible for the abduction of Besigye.

Roland Tugume, a lawyer, applied to join as amicus curiae (friend of the court), citing concerns over the conduct of the Judge Advocate and the treatment of the accused. However, Besigye’s lawyers expressed their displeasure with the idea of accepting a ruling on this application, as they did not have instructions to receive it.

At the end of the session, the defense lawyers briefed journalists outside the courtroom, but their address was disrupted by a vehicle with a siren, making it difficult for the media to hear their statements. On Monday, Martha Karua was denied a certificate by the Uganda Law Council, citing several reasons, including her previous confrontations with the Chief Justice and her involvement in the case as a potential witness.

The Law Council also questioned whether she was bringing any special legal skills to the country. Besigye and three other human rights defenders, including lawyers Andrew Karamagi, Anthony Odur, and Godwin Toko, have since challenged the trial in the East African Court of Justice, seeking compensation of 100,000 USD (more than 360 million Ugandan Shillings) for what they describe as an illegal arrest from Kenya and subsequent trial.

This is not the first time Dr. Besigye has appeared before the Court Martial. In 2006, he was charged with treason, rape, and concealment of treason, though the charges were later dismissed. Besigye has repeatedly accused the state of political persecution rather than legitimate prosecution, as he has faced numerous charges in various courts without any conviction.