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High Court Reschedules Besigye's Case to Tomorrow

The case will be heard by Dr Douglas Singiza. It had earlier been fixed for next week.
18 Feb 2025 18:01
The High Court in Kampala has rescheduled the hearing of the application seeking Retired Col Dr Kizza Besigye's unconditional release to tomorrow.

The case will be heard by Dr Douglas Singiza. It had earlier been fixed for next week.

The notice signed by Registrar Kintu Zirintusa is addressed to the Commissioner General of Prisons, the Attorney General and Dr Besigye and Lutaale 's lawyers.

In Parliament, the Minister of Justice and Constitutional Affairs, Norbert Mao also told MPs that Besigye will appear in court tomorrow. This followed a directive from Speaker of Parliament, Anita Among, regarding his deteriorating health and continued incarceration despite a Supreme Court ruling.

Earlier during the plenary sitting, Mao noted that Besigye was on a hunger strike and he acknowledged that his situation was alarming and that the prison authorities were able to take him to the hospital, where comprehensive tests had been carried out, and that the Doctors were managing him.

The statement from the Minister prompted the suspension of the House, for a private meeting between the Speaker and a section of Ministers and Opposition MPs to come up with a harmonized position.

On resumption, Speaker Among then reported that during their harmonization meeting, several issues had been raised and that they agreed to come up with resolutions.

Our Reporter has learnt that the case had previously been delayed because of the lack of an extracted decree from the Supreme Court regarding its decision delivered on January 31st 2025 banning the trial of civilians from the military courts.

The decree was however issued on Monday. 

Last week Dr Kizza Besigye's wife, Winnie Byanyima, petitioned the High Criminal Division of the Uganda High Court, seeking the immediate unconditional release of her husband and his co-accused Hajji Obeid Lutaale.

In the application, Byanyima is seeking a writ of habeas corpus, which would require the Attorney General and the Commissioner of Prisons who have been listed as the only respondents to the case to produce Besigye and Lutaale before the court.

According to the application, Besigye and Lutaale were abducted from Nairobi, Kenya, on November 16, 2024, and unlawfully transferred to Uganda, where they were reportedly tortured and detained incommunicado at Makindye Military barracks.

The evidence submitted before the Court indicates that Besigye and Lutaale were later arraigned before the General Court Martial and charged with various offences, including Treachery and unlawful possession of firearms.

The lawyers led by  Lukwago and Company Advocates argue that the Supreme Court's decision on January 31, 2025, which declared the trial of civilians before the General Court Martial unconstitutional, renders Besigye and Lutaale's detention illegal. Despite this ruling, Besigye and Lutaale contend that they have continued to be detained without lawful excuse or valid remand warrant, infringing on their right to personal liberty.

The application also seeks costs and demands that the court order the respondents to produce Besigye and Lutaale for appropriate action. 

Byanyima sworn an affidavit in support of the application, detailing the circumstances surrounding her husband's abduction and detention. She also attached a copy of the charge sheet and the Supreme Court's landmark judgement to support the release of her husband.

Relatedly, Buganda Road Court will decide on another application seeking to release Besigye unconditionally on February 20th 2025.

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