Civil Society Organizations in Uganda have echoed the calls for immediate release of Dr. Kizza Besigye together with all other prisoners whose cases are in the Court Martial, condemning the continued arbitrarily detention of civilians, particularly political opposition leaders and government critics as not only illegal but also a typical example of the breakdown of rule of law in Uganda.
The call from CSO’s supplements the growing concern among the citizens over the fate of Dr. Kizza Besigye with reports showing that the jailed political activist’s health is deteriorating after spending days without food. Dr. Besigye is on hunger strike protesting his illegal detention after the Supreme Court on January 31, 2025 declared the process leading to his detention, unconstitutional.
In a joint statement issued in Kampala on Tuesday, representatives of CSO’s noted that the deteriorating health condition of any prisoner is a ground for immediate release from prison, and for Besigye’s case, given that he is in illegal detention, he should immediately be set free to seek the quality medical care he urgently needs.
“We, therefore, unequivocally demand the immediate and unconditional release of Dr. Kizza Besigye and all prisoners that were undergoing trial in military courts. Furthermore, we call upon the Ugandan government to: Respect, uphold and adhere to the Supreme Court’s decision regarding the unconstitutionality of trying civilians in military courts and ensure its full implementation in all cases” -the statement signed by representatives from Uganda Women Network, ACFIM Uganda, Center for Policy Analysis, FIDA Uganda, Akina Mama-wa-Afrika and others reads in part.
Dr. Sarah Bireete, the Executive Director Center for Constitutional Governance (CCG) contends that whereas the government through the Attorney General and the DPP claim there is a process to transfer those cases to civilian courts as per the Supreme Court’s ruling, there is no basis to continue holding Dr. Besigye and others in prison.
“The Supreme Court gave clear decrees. The first is to declare all provisions of the law that led Kizza Besigye and other people tried in the Court Martial a nulity. That means that there are no cases to transfer because the foundation on which these cases are based on has collapsed.” Dr Bireete noted adding that whatever the Attorney General and the DPP are doing is “Pretended Justice” because all the charges in the Court Martial ceased by order of the Supreme Court.
Dr. Bireete said that in order to continue to hold Dr. Besigye and others who have cases in the Court Martial, the authorities must first release them, institute fresh charges and re-arrest them if indeed they have cases to answer. CSO’s also condemned the recent kidnaps involving opposition leaders and the rhetoric from the Chief of Defense Forces,(CDF), who on his X handle has continuously threatened to be-head and hang opposition leaders, yet he is constitutionally charged with the protection of all citizens and their property.
“For years, military courts have tried hundreds of civilians, including opponents and government critics. The trials have always fallen short of domestic and international standards, violating the right to fair trial and freedoms guaranteed by the Uganda Constitution. Of particular concern is the dangerous hateful rhetoric used by some military officers, politicians and public officials to scapegoat and endanger Dr. Besigye, his co-accused Mr. Obed and the hundreds of civilians who have come face to face with this military out-fit” Reads the statement.
“We further note the current clamp down on civic space in Uganda with the resumption of kidnaps with military drones, backsliding of democracy and growing authoritarian practices of the regime, this Supreme Court ruling presents a critical opportunity to reverse this disturbing trend and protect and advance human rights fundamental freedoms.” Mr Henry Muguzi the Executive Director ACFIM Uganda noted.
Other demands from CSO’s include: to cease the persecution of political opponents, that government should engage in constructive dialogue with all stakeholders, including CSOs and opposition groups, and to address the underlying issues that contribute to political tensions and human rights abuses.
“We implore the international community, including regional bodies and international human rights organizations, to not only condemn this blatant disregard for the rule of law and human rights but also to exert significant pressure on the Ugandan government to respect its human rights obligations and ensure Dr. Besigye’s immediate release and access to medical care.” The CSO’s noted.
“We shall continue to demand justice for Dr. Besigye, his colleague Hajji Obeid Lutale, and all other political prisoners, and if our demands are ignored, we shall mobilize the people to refuse an overthrow of the constitution in Uganda” Dr. Bireete said.