Uganda: Besigye’s Continued Detention Unlawful, Lawyers Tell Court
Lawyers representing Dr. Kizza Besigye have made a final push for his immediate release, arguing that the state has failed to justify his continued detention.
During today’s court session, lead counsel Erias Lukwago told the judge that no charges are proceeding against Besigye and that the burden of proving a legal basis for his incarceration lies with the Attorney General, not the detainee.
“My Lord, there are no charges proceeding anywhere. The burden to justify the incarceration lies with the Attorney General, not the applicant. The state has replied, but their response falls short of reason to justify the continued denial of liberties,” Kalibbala stated .
He further pointed out that the Uganda Prisons Service had not presented any legal warrant ordering them to keep Besigye in detention.
Additionally, there were no pending charges or a charge sheet tabled before the court to justify his imprisonment.
“What do they refer to? They refer to the Supreme Court decision, but that alone does not provide a reason to deny the applicants their freedoms. Some cases cannot be handled by a civil court, yet here we are,” Lukwago argued.
Kalibbala Ernest, another lawyer on Besigye’s legal team, emphasized that the Supreme Court ruling cited by the state did not mandate continued incarceration for those who have not been convicted.
“The Supreme Court did not say the incarcerated should remain incarcerated, except those who had been convicted,” Kalibbala stated.
He further criticized the Attorney General’s argument, insisting that it lacked legal merit and urging the judge to exercise their authority to release Besigye immediately.
“You are clothed with the power to release the applicants today. Find merit in our application and order so,” Kalibbala told the court.
The session followed an earlier adjournment after Judge Singizi Douglas ordered that Besigye be taken back to prison due to his worsening health condition. The judge noted that Besigye appeared too weak to continue with proceedings and might faint in court.
Besigye’s legal team insists that his continued detention is politically motivated, as he has not been formally charged in any civilian court.
Meanwhile, protests demanding his release have intensified across the country, with demonstrations in Kampala, Mbarara, and Bushenyi.
As the court reconvenes, all eyes are on the judge’s ruling, which could determine whether Besigye will regain his freedom or remain behind bars.
By Nile Post.
