Pamel Kaur of the University of Auckland Law School writes here for Jurist about the arrest of Dr. Kizza Besigye, a Ugandan opposition figure and his presentation before the country's general court-martial. Excerpt:
Despite being civilians, Besigye, along with his colleague Haji Obed Lutale was charged with offences relating to security and the unlawful possession of firearms and ammunition at Makindye General Court Martial. The Ugandan Constitutional Court ruled in 2006 that military tribunals lack the authority to hear matters involving terrorism and illegal gun ownership.
Erias Lukwago, Besigye’s lawyer, contended that these accusations are unconstitutional because the chargesheet makes no reference to whether possession of a pistol constitutes a violation of the Kenya Defence Forces Act or the UPDF Act. Additionally, Lukwago informed the court that Besigye and Lutale had not been extradited or deported from Kenya, where they had lawfully left. Hence, the charges against them were improperly brought before the court-martial.
Uganda leads the field in improperly subjecting civilians to military trials, a practice the country's Constitutional Court has disapproved.
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