The Uganda Prisons Service has clarified that it will not release Rtd Col Dr Kizza Besigye and other civilians facing trial before the Court Martial until it receives instructions from the Attorney General.
This comes after a landmark Supreme Court ruling last Friday, which transferred jurisdiction over civilian criminal trials from the Court Martial to civilian courts.
The Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, also mandated that military officers not facing disciplinary charges be tried in civilian courts.
Besigye, along with co-accused Obeid Lutale Kamulegeya and Capt Denis Oola, who are currently remanded at Luzira prison, were expected to appear before the Court Martial on Monday, 3rd February. However, they were not brought to the army court.
Uganda Prisons Service spokesperson Frank Baine explained that they are awaiting direction from the Attorney General, who was the appellant in the Supreme Court case. “You know what happened on Friday.
The Supreme Court ruled, and now we are waiting for instructions to make the next move,” Baine stated.
He outlined the procedure: the court issues an order to the Attorney General, who then convenes stakeholders to discuss the implementation of the Supreme Court’s orders. Following these discussions, the Attorney General will issue a directive to the Uganda Prisons Service.
Baine further clarified the transfer process: “Because the court provided that those the army thinks should be tried in civilian courts should be transferred, the procedure is that the army must receive them and call in the police as the mover of preliminary evidence.”
Besigye, Oola, and Lutale are accused by military prosecutors of holding meetings between February 2023 and November 2024 in Geneva, Switzerland; Athens, Greece; Nairobi, Kenya; and various locations in Uganda.
These meetings allegedly aimed at soliciting logistical support and identifying military targets in Uganda, with the intent to prejudice the security of the defence forces.
Besigye declined to enter a plea on these charges, though the military court, chaired by Brig Robert Freeman Mugabe, recorded a plea of not guilty on his behalf.
Besigye’s legal history includes a 2006 treason, rape, and concealment of treason case, which was ultimately dismissed.
Since declaring his presidential candidacy, Besigye has faced numerous charges in courts across Uganda, but has yet to be convicted. He maintains that these legal proceedings constitute political persecution.
