A Ugandan military tribunal, in a self-referred “court martial,” added the charge of “treachery” against Ugandan ex-opposition leader Kizza Besigye, and his aide Hajji Obeide Lutale. The tribunal also added Captain Denis Ola, a serving Ugandan military general, to the charges.

The charge of treachery falls under the heading of treason within s.23(3)(a) of the Ugandan Penal Code Act and is a capital offense. Upon being informed of the charges, Captain Ola pleaded not guilty, while Besigye and Lutale did not indicate their position. Speaking to the media, Besigye said “I have issues with the charges, which my lawyers will present to you”.

The charge is the latest in a series of accusations against the opposition leader who was arrested in Kenya on the charge of illicitly possessing firearms and terrorism. His trial, however, has been subject to extensive criticism for failing to adhere to due process, including failing to extradite Besigye from Kenya properly and failing to identify what Kenya or Ugandan military code provisions were violated by Besigye and Lutale on the charge sheets.

Previous Ugandan constitution rulings also found that military tribunals lacked jurisdiction to hear cases of terrorism and firearm-related offenses. However, during the trial, Judge Advocate of the Court Martial, Brigadier General Richard Tukacungurwa specifically denied the legal panel prosecuting the trio as a “military tribunal” and referred to it as a “court martial”. Moreover, other concerns regarding the trial have been raised by Amnesty International after Lutele’s prior lawyer, Eron Kiiza, was accused of contempt of court and subsequently arrested without trial.

Under Article 15 of the International Covenant on Civil and Political Rights, an accused is only to be charged for actions that were international or domestic criminal law at the time of commission. Article 14 also entitles an accused to certain procedural rights, including to be heard by a “competent, independent and impartial tribunal established by law.” Similarly, international human rights organizations like Amnesty International, argue the death penalty in itself is a violation of the right to life and the right not to be subjected to cruel or inhumane treatment as provided by the UN Universal Declaration of Human Rights.