Uganda’s Supreme Court has ruled that trying civilians in military courts is unconstitutional, ordering an immediate halt to such prosecutions and the transfer of all ongoing cases to civilian courts.
The decision brings relief to opposition leader Kizza Besigye, who was facing trial before the country’s General Court Martial. His lawyer, Erias Lukwago, confirmed that Besigye would no longer be required to appear before the military court as initially scheduled.
Chief Justice Alphonse Owiny-Dollo, delivering the court’s ruling, emphasized that all criminal charges and ongoing trials of civilians in military courts must cease immediately. He stated that military courts lacked the legal authority to conduct fair and impartial trials, as mandated by the constitution.
Opposition Leader’s Legal Battle
Besigye, a longstanding critic of President Yoweri Museveni, was arrested in Kenya last November and extradited to Uganda, where he faced multiple charges, including firearm and security-related offenses. Some of the charges carry the death penalty. He has since been held at a maximum-security prison in Kampala.
Despite repeated attempts by his legal team to challenge the jurisdiction of military courts over civilian cases, their arguments had previously been dismissed. Justice Elizabeth Musoke, a member of the Supreme Court panel, clarified that military courts are solely meant for handling disciplinary matters concerning military personnel.
Human Rights Concerns
Human rights organizations and opposition politicians have long accused Museveni’s administration of using military courts to suppress political opponents. Besigye’s wife, Winnie Byanyima, who leads UNAIDS, has maintained that the charges against him are politically motivated. His defense team has also dismissed the allegations as baseless.
A 2011 Human Rights Watch report criticized Uganda’s military courts for violating fundamental rights, citing the use of coerced confessions and unfair trial practices against civilians. The Ugandan government has consistently denied allegations of rights abuses.
This ruling marks a significant development in Uganda’s judicial landscape, reinforcing constitutional protections for civilians and curbing the military’s involvement in civilian legal matters.