Uganda Law Society Denounces Museveni's Remarks on Besigye Trial and Bail

The Uganda Law Society (ULS) has strongly criticized President Yoweri Museveni for his public statements concerning Dr. Kizza Besigye’s ongoing treason trial and his renewed calls for the abolition of bail. The ULS, in a statement signed by President Isaac Ssemakadde, argues that the President’s comments are an unconstitutional executive overreach that undermines the independence of the judiciary and threatens the right to a fair trial.

The Law Society stated that the President’s remarks on the active criminal proceedings against Besigye amount to sub judice contempt of court, potentially prejudicing the accused’s constitutional right to a fair hearing. Furthermore, the ULS contends that these comments exacerbate existing contempt allegations involving the President’s son, Gen. Muhoozi Kainerugaba, which are linked to alleged human rights violations.

Regarding the President’s stance on bail, the ULS described it as an unconstitutional attack on fundamental rights guaranteed by the 1995 Constitution, specifically Articles 23 (personal liberty) and 28(3)(a) (presumption of innocence). They emphasize that decisions on bail are a judicial function, not subject to executive directive.

The ULS warned that the President’s continued public commentary on court proceedings erodes public confidence in the justice system. They urged the government to address systemic issues within the justice system, such as delays, corruption, and executive interference, rather than targeting bail.

President Museveni had previously commented that Besigye was creating ‘theatre’ in court and questioned why the legal system allowed an accused person to refuse a trial. He also argued that suspects released on bail often interfere with investigations and intimidate witnesses.

Dr. Besigye has faced a protracted legal battle, with his treason case being transferred from a military court to the High Court. Subsequent delays have been caused by issues related to his legal representation, including the deportation of his intended lead counsel, Martha Karua, and the arrest of another lawyer, Erias Lukwago.

The ULS has called on the Judiciary to publicly denounce the President’s remarks, aligning with the duty of judicial officers to defend their independence. They remain committed to defending the rule of law and the independence of the judiciary.

Source: Nile Post