The High Court has dismissed an application by former presidential candidate Dr Kizza Besigye and his co-accused Obed Lutale seeking their unconditional release, termination of charges against them and legal action against Chief of Defence Forces Gen Muhoozi Kainerugaba over alleged violations arising from their arrest and prosecution.
Justice Emmanuel Baguma, in his ruling, found that the application lacked merit and amounted to an attempt to delay the ongoing trial, allowing the criminal proceedings against Besigye and Lutale to continue.
The two had petitioned court through a team of lawyers drawn from 23 law firms led by Lukwago & Co Advocates and AF Mpanga Advocates, challenging what they described as violations of their constitutional rights, including the right to a fair hearing.
Among the remedies sought, Besigye and Lutale wanted court to order their immediate release, dismiss the charges against them and compel Gen Muhoozi to meet costs related to their treatment and rehabilitation at the African Centre for Treatment and Rehabilitation of Torture Victims (ACTV) or another suitable facility.
The applicants told court that they were unlawfully abducted from Nairobi, Kenya, by Ugandan security operatives and brought back to Uganda without following due legal procedures. They alleged that the operation involved senior military officers, including Col Peter Ahimbisibwe and Lt Col Ephraim Byaruhanga.
They further claimed that after their return to Uganda, they were held at Makindye Military Barracks without access to their lawyers or medical personnel and were detained beyond the constitutional 48-hour limit at a facility they described as not legally gazetted.
Besigye also challenged public statements allegedly made by Gen Muhoozi, arguing that they portrayed him as a criminal before the conclusion of his trial and could interfere with his right to a fair hearing.
However, the respondents rejected the allegations, arguing that Besigye and Lutale were not abducted from Kenya by Ugandan security agencies. They also denied that the named military officers took part in any such operation.
The respondents maintained that statements attributed to Gen Muhoozi had no bearing on the criminal case and argued that the charges against the accused were founded on evidence and the law, rather than being politically motivated or malicious.
In dismissing the application, Justice Baguma said the conclusion of the trial was in the interest of both the accused persons and the public.
“The speedy trial of the applicants is not only their fundamental right, but it is also in the public interest that the trial is concluded as soon as possible,” Justice Baguma ruled.
The judge noted that delays had occurred at different stages of the proceedings, partly due to several objections raised by the accused persons, although he also acknowledged that the prosecution had contributed to delays by failing to make timely disclosures.
Justice Baguma cautioned that allegations of human rights violations alone could not be used as a basis to automatically terminate criminal proceedings, especially where the rights of other parties involved in the case had to be considered.
“There is no reason whatsoever to warrant nullification and termination of the trial on the basis of the alleged violation of human rights and freedoms,” he said.
The judge further described the application as “incompetent and an abuse of court process intended to delay the trial,” adding that court would not allow parties to rely on delays to frustrate the progress of the case.
The ruling means that Besigye and Lutale will continue facing the charges before court as the prosecution and defence proceed with the trial.
