Uganda’s Supreme Court ruled on Friday that the prosecution of civilians in military courts is unconstitutional, ordering the immediate halt of any ongoing trials in military courts.
This ruling brings relief to prominent opposition figure Kizza Besigye, who has been facing trial at the general court martial, according to his lawyer, Erias Lukwago. Lukwago confirmed that Besigye would not appear in court on Monday as previously scheduled.
Chief Justice Alphonse Owiny-Dollo, delivering the judgment on behalf of the Supreme Court panel, declared that all criminal trials or pending charges against civilians in military courts must cease immediately and be transferred to civilian courts.
Besigye, a long-time critic of President Yoweri Museveni, was arrested in neighboring Kenya in November before being extradited to Uganda. He faces charges of firearms possession and security-related offenses in a military court, with some charges carrying the death penalty. He has been detained at a high-security prison in Kampala.
Previously, Besigye’s legal team had contested the military court’s authority to try civilians, but the court rejected those arguments. In the ruling, Owiny-Dollo emphasized that military tribunals lack the legal competence to conduct fair trials for civilians, as required by Uganda’s constitution. Justice Elizabeth Musoke, another member of the panel, clarified that military courts are only authorized to handle disciplinary cases involving military personnel.
Besigye’s wife, Winnie Byanyima, the executive director of UNAIDS, has asserted that the charges against him are politically motivated, a claim echoed by his legal team, who have dismissed the charges as unfounded.
Human rights organizations and opposition figures have long criticized the use of military courts to target political opponents, accusing the government of using such tribunals to silence dissent. A 2011 Human Rights Watch report highlighted abuses in military courts, including violations of defendants’ rights and the use of evidence obtained under duress.
The Ugandan government has consistently denied accusations of human rights violations.
