Prominent Ugandan opposition figure Dr Kizza Besigye, who disappeared Saturday while visiting Kenya, resurfaced on Wednesday in a military jail back in Uganda, according to statements from his wife and James Orengo, governor of Siaya, Kenya.
The opposition figure’s disappearance sparked a response from Amnesty International. The group discussed the growing and worrying trend of transnational repression in both Uganda and Kenya. In the report by Amnesty, Besigye’s attorneys assert that coordination between Kenyan and Ugandan authorities led to the kidnapping, though the Kenyan government has denied any involvement. Besigye had reportedly been in Kenya seeking asylum from political persecution before being forcibly returned to Uganda under undisclosed circumstances.
Despite being civilians, Besigye, along with his colleague Haji Obed Lutale, was charged with offenses relating to security and the unlawful possession of firearms and ammunition at Makindye General Court Martial. The Ugandan Constitutional Court ruled in 2006 that military tribunals lack the authority to hear matters involving terrorism and illegal gun ownership.
Erias Lukwago, Besigye’s lawyer, contended that these accusations are unconstitutional because the chargesheet makes no reference to whether possession of a pistol constitutes a violation of the Kenya Defence Forces Act or the UPDF Act. Additionally, Lukwago informed the court that Besigye and Lutale had not been extradited or deported from Kenya, where they had lawfully left. Hence, the charges against them were improperly brought before the court-martial.
In a statement given to local media, Dr Chris Baryomunsi minister for information and technology denied government involvement, stating “It could be possible that Dr Kizza Besigye has failed to communicate with his family. We are cross-checking with authorities in Kenya because the reports say he was in Kenya on Saturday.” However, his wife and supporters have alleged that his arrest and subsequent prosecution are politically motivated, aimed at silencing dissent.
The absence of due process and impartiality in Uganda’s military tribunals has drawn criticism in the past by Human Rights Watch, particularly when it comes to trials involving civilians. This calls into question whether the accused would be given a fair trial, as stipulated by Uganda’s Constitution.
Besigye’s arrest comes after 36 Ugandan activists connected to him were arrested on July 23 in Kisumu, a border-nearing lakeside city in Kenya. After being kidnapped, the political activists were transported back to Uganda, where they were remanded to Kitalya Prison on treason charges.
The activists, who were just freed on bail, claimed they were at a workshop when they were arrested and entered a not-guilty plea to the accusations. According to the 36 activists, they were subjected to torture while in custody.