Kizza Besigye, along with his co-accused and other prisoners who have had their cases heard by the General Court Martial (GCM), remains in detention despite a recent Supreme Court ruling declaring the unconstitutionality of trying civilians in a military court. This has raised questions about the next steps and the process for their release.
On January 31, 2025, the Supreme Court ruled that the trial of civilians by the military court is unconstitutional, marking a significant decision in Uganda’s legal landscape. The ruling was signed and received by the concerned authorities on February 2, 2025, and legal advice was promptly issued the following day. The advice outlined several steps that must be followed before the civilian prisoners, including Kizza Besigye, can be released or transferred to civilian courts.
Attorney General’s Statement on the Way Forward
Uganda’s Attorney General, Kiwanuka Kiryowa, addressed the issue in a statement, explaining that the Uganda Prisons Services has been instructed to hold off on any action regarding the release of the prisoners. According to Kiryowa, the process for transferring criminal trials to civilian courts is still ongoing, with coordination required between the Directorate of Public Prosecutions (DPP), the General Court Martial, and the Uganda Prisons Authority.
“The process of the DPP taking over certain criminal trials from the General Court Martial and the UPDF’s role in transferring all cases to civilian courts is underway. The Uganda Prisons Authority has been advised to wait until this process is completed before any action is taken concerning the inmates serving sentences or awaiting trial before the Court Martial,” Kiryowa explained.
He further elaborated that the Supreme Court judgment provided clear instructions for how the cases should be handled moving forward. The steps outlined include:
- Cease of Pending Trials: All criminal trials before the General Court Martial that involve civilians should cease immediately.
- List of Pending Cases: The General Court Martial, in coordination with the Uganda Prisons Authority, must provide a list of all criminal cases involving civilians that are pending before the GCM. These cases will be forwarded to the appropriate civilian courts for further action.
- Identification of UPDF Cases: The GCM will also provide a list of criminal cases involving UPDF personnel that are eligible for transfer to civilian courts.
- DPP’s Role: The Directorate of Public Prosecutions (DPP) is tasked with liaising with the GCM and the UPDF to take over and conduct the trials that are identified for transfer.
- Wait for Further Orders: Uganda Prisons Authority has been advised to wait for the final orders from the relevant courts regarding the detention of the accused individuals.
- Reform of UPDF Act: The Ministry of Defence and Veteran Affairs has been urged to begin considering the Supreme Court’s recommendations and make necessary amendments to the UPDF Act to ensure compliance with the ruling.
The Path Forward: Legal Reforms and Transfer of Cases
The legal advice also noted that the process would require collaboration between the judiciary, the DPP, and the UPDF. Additionally, the Ministry of Defence has been advised to start working on the necessary amendments to the UPDF Act to ensure that the trial of civilians in military courts does not happen again in the future.
Kiryowa also mentioned that he had communicated with the Chief Justice regarding the implementation of the Supreme Court order. The Attorney General has sought the Chief Justice’s guidance on which individuals the DPP should liaise with to ensure the court orders are fully implemented.
Ongoing Legal and Political Debate
As the legal process continues, questions remain about how soon Besigye and other civilians facing charges before the Court Martial will be transferred to civilian courts or released. The delay in their release has drawn criticism from various quarters, with human rights advocates urging that the Supreme Court ruling be implemented swiftly.
Besigye, a prominent opposition figure, has faced multiple charges under Uganda’s legal system, and his continued detention remains a significant political issue. The ruling is a victory for those advocating for civilian rights and the separation of military and civilian judicial powers, but its full implementation will likely take time as the necessary legal and procedural steps are followed.
