Uganda’s Supreme Court Halts Civilian Prosecutions in Military Courts

In a landmark ruling, Uganda’s Supreme Court has ordered an end to the prosecution of civilians in military courts, marking a significant shift in the country’s judicial system.

Uganda’s highest court announced on Friday that trying civilians in military courts is unconstitutional and ordered an immediate stop to all ongoing prosecutions.

This decision brings relief to prominent opposition leader Kizza Besigye, who has been undergoing trial in the military’s general court martial.

Erias Lukwago, his attorney, confirmed that Besigye will not be attending court on Monday as initially scheduled.

Chief Justice Alphonse Owiny-Dollo declared that all charges and ongoing criminal trials involving civilians in military courts should be stopped immediately.

He stressed the importance of transferring these cases to civilian courts.

Besigye, a persistent critic of President Yoweri Museveni, was arrested in Kenya last November. Following his arrest, he was sent back to Uganda where he faced several charges concerning firearms and security issues—charges that could potentially lead to the death penalty.

He has been detained in a maximum-security facility in Kampala.

The court had previously rejected arguments made by Besigye’s legal team that challenged its authority to prosecute civilians.

Owiny-Dollo observed that military courts do not have the legal capacity to conduct fair and impartial criminal trials as required by the constitution.

Justice Elizabeth Musoke, another panel member, noted that military courts are only empowered to handle disciplinary issues related to military personnel.

Winnie Byanyima, Besigye’s wife and the leader of UNAIDS, has asserted that the charges against him are politically motivated. This view is shared by his lawyers, who have described the accusations as baseless.

Human rights advocates and opposition figures have alleged that Museveni’s administration is using military courts to target political opponents and their supporters with politically motivated accusations.

In a report from 2011, Human Rights Watch claimed that Uganda’s military courts violated the fundamental rights of defendants by prosecuting civilians and using evidence obtained through torture.

The government has refuted all allegations of rights abuses.