New York City Bar Association appeals to President Museveni over Lawyer Kiiza, Dr. Besigye’s late release

Writes BRIAN MUGENYI

mugenyijj@gmail.com

Uganda’s Human Rights Defender and legal advocate Eron Kiiza’s detention by the government and Dr. Kizza Besigye conviction by the Military court martial has attracted the New York City Bar Association based in London to the raise the red flag and appealed for their immediate release by the Uganda’s ruling government led by President Museveni to ensure safety and well-being within the Country.

The New York City Bar Association is deeply concerned about the Uganda’s ‘Unfair’ government’s detention and the summary conviction by a military court martial of Uganda’s human rights mainly lawyer Eron Kiiza.

The arrest, summary trial, and nine-month prison sentence imposed on Eron Kiiza by a military tribunal raise serious concerns about the infringement of legal professionals’ rights and broader implications for the rule of law in Uganda.

On January 7, 2025, Ugandan military officials denied Mr. Kiiza entry to the court to represent his client at the General Court Martial in Kampala, Uganda’s capital.

Mr. Kiiza was at the military court for a hearing in the case of his client, political opposition activist as well as former Forum For Democratic Change Party (FDC) president Dr. Kizza Besigye and when Mr. Kiiza tried to explain that he was a member of the defense team and was scheduled to be in court, the military officials denied him access to his client according to Mr. Eric Friedman also the Communication officer for New York City Bar Association.

“They forcibly removed him from the court, detained him in an undisclosed location, and returned him to the court later that day, where he was summarily convicted of contempt of court without formal charges or a fair hearing and sentenced to nine months imprisonment,” the source agonizingly revealed.

Additionally, Mr. Kiiza was immediately transferred to Kitalya Prison, located 34 miles from Kampala and the subsequent reports indicated that soldiers hit and physically assaulted him while removing him from the courtroom and subsequently during his detention, resulting in significant body injuries.

Mr. Kiiza is one of a team of lawyers who has been representing Dr. Besigye, a prominent opposition figure and former presidential candidate, who alleges that Ugandan officials extrajudicially abducted him from Nairobi, Kenya, on November 16, 2024, and took him to Uganda.

Dr. Besigye has been charged with security-related offenses, unlawful possession of firearms, and treachery before a military tribunal, despite being a civilian and Mr. Kizza remains among his defendant lawyers in the case thus far.

The trial of civilians in military courts contravenes international human rights standards and Uganda’s own constitutional provisions as observed in the 1995 constitution.

The 2022 Constitutional Court ruling in Uganda deemed the trial of civilians in military courts illegal and underscored the need for the Ugandan justice system to adhere to due process and fair trial standards.

“Even if Dr. Besigye were lawfully subject to a military tribunal’s jurisdiction—and to be clear, as a civilian, he is not—there is even less justification for the exercise of military jurisdiction over his lawyer pursuing his client’s legal rights,” the source additionally observed.

The Ugandan government’s unjust treatment of Dr. Besigye’s attorney appears punitive in nature and contravenes national laws as well as Uganda’s obligations under regional and international legal frameworks.

According to Uganda’s Constitution, its Advocates Act, and its Prevention and Prohibition of Torture Act collectively protect the right to personal liberty, set conditions for lawful arrest and detention, safeguard the professional independence of lawyers, and criminalize torture and ill-treatment by state actors or others

Uganda’s actions also contravene its responsibilities under regional frameworks and international law.

Regionally, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa mandate the protection and independence of legal professionals such as Mr. Kiiza, while the African Charter on Human and Peoples’ Rights (ACHPR) guarantees personal liberty and security, prohibits arbitrary arrest and detention, and ensures fair trial rights, which Mr. Kiiza was denied.

Internationally, Uganda is bound by legal obligations such as the International Covenant on Civil and Political Rights (ICCPR) which prohibits arbitrary arrest, detention, and violations of fair trial standards; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) which obligates the prevention and punishment of torture; and the United Nations Basic Principles on the Role of Lawyers which protect lawyers from harassment, interference, and intimidation, and emphasize that lawyers must be free to represent their clients without fear of reprisals.

As for clarity, the practice of trying civilians in military courts, in line with national and international legal standards also ensures through the rule of law by ensuring that legal professionals can perform their duties without fear of harassment, intimidation, or unlawful detention.

“To Conduct a thorough and impartial investigation into the alleged abduction and unlawful extradition of Dr. Kizza Besigye, ensuring that his rights are fully protected has no complement with interfering Mr. Kizza from exercising his right as a lawyer and citizen,” he added.

As for clarity, the Legal practitioners play a unique and vital role in society; in recognition of this unique function, they are accorded special protection under international law.

These rights, and the independence of the judiciary, are cornerstones of a just society and must be defended and the New York City Bar Association stands in solidarity with Uganda’s lawyers and human rights defenders advocating for justice and the rule of law thus far.

Historically, the New York City Bar Association (City Bar) was founded in 1870, as an organization of approximately 23,000 members in New York City and elsewhere throughout the United States and in more than 50 countries around the globe.

Its members include judges, prosecutors, defense counsel, government lawyers, and public interest/non-governmental organization practitioners, as well as legal academics and attorneys representing nearly every major law firm and corporation in the United States.

The City Bar has a long and distinguished history of promoting the rule of law and human rights, including the rights of legal professionals to fulfill their professional obligations and they’ve stood with Uganda’s lawyer Eron Kizza to be granted freedom and justice to resume his duties out from detention cases.

Several opposition leaders including Ingrid Tulinawe who served as spokesperson for Forum for Democratic Party (FDC) and Mr. Robert Kyagulayi of National Unity plarform have raised red flag on Dr. Besigye’s arrest and they’re rallying for his immediate release from prison thus far.