Abduction and military trial -- the East African Court of Justice will decide

Dr Kizza Besigye and a colleague have filed a case with the East African Court of Justice charging Uganda and Kenya with colluding in abduction and improper referral to a court-martial. NilePost has the story here. Excerpt:

The petition highlights the unlawfulness of trying civilians in military tribunals and condemns the Kenyan government for failing to uphold its constitutional obligations to protect individuals within its borders.

According to the applicants, the extraterritorial abduction and rendition of Dr. Besigye and Hajji Kamulegyeya undermine the rule of law and democracy, key principles enshrined in the Treaty for the Establishment of the East African Community (EAC). Article 6(d) of the treaty explicitly commits member states to uphold good governance, the rule of law, and human rights.

The duo, who had traveled to Kenya to attend a book launch of prominent Kenyan lawyer Martha Karua, were detained incommunicado upon their forced return to Uganda.

In took a media expose that Besigye was missing in Kenya for the government to hastily arraign them before the General Court Martial in Makindye.

They were and charged with offenses related to security and unlawful possession of firearms and ammunition.

These charges, which carry the possibility of a death sentence, have drawn sharp criticism from human rights organizations and legal experts.

"Military courts in Uganda are inherently biased and lack the independence and impartiality required for fair trials," the affidavit says.

They describe these courts as tools for political persecution and judicial harassment, operating under the control of the military high command and outside the bounds of civilian judicial oversight.

“Military courts are not blessed with adequate security of tenure or financial security to ensure their independence and impartiality from the executive arm of government to which they belong,” they argue.

Separately, the Attorney General of Uganda and the chairman of the general court-martial are facing a motion to hold them in contempt for failing to obey rulings of the Constitutional Court that invalidated the military trial of civilians. Details here.