Besigye protests delayed implementation of Supreme Court ruling on civilian detention

Opposition figure and former presidential candidate, Rtd Col Dr. Kiiza Besigye, has expressed frustration over his continued detention, despite a February 2025 Supreme Court ruling directing the transfer of civilian cases from the General Court Martial to the Courts of Judicature. The ruling, which has yet to be fully implemented, has led to the prolonged detention of several civilians awaiting guidance from the Attorney General.

While the government has taken steps, such as preparing amendments to the UPDF Act, the delay in transferring the cases has sparked strong criticism. Besigye, a key beneficiary of the ruling, has voiced his dissatisfaction in several ways, including starting a hunger strike.

Winnie Byanyima, Besigye’s wife, condemned his detention, calling it an attack on all Ugandans seeking justice. “Kizza Besigye is on hunger strike, detained illegally by a regime that fears his defiance more than it respects the law. This is not just an attack on him—it is an attack on every Ugandan who dares to demand justice. They think they can break his spirit, but they underestimate his resolve,” she stated.

This week, Besigye, who was expected to appear before Buganda Road Court, sent a letter through prison authorities, stating that he was indisposed—an unusual move for an inmate.

Byanyima reiterated her commitment to standing by her husband, vowing to ensure he receives justice as outlined by the Constitution.

Background

Dr. Kiiza Besigye and Hajji Obeid Lutale were charged with treason before the General Court Martial in 2024. Along with Captain Denis Oola of the UPDF’s armored brigade, they faced multiple charges, including treachery and illegal possession of firearms. The defendants challenged the court’s jurisdiction, leading to a petition to the Constitutional Court.

On January 31, 2025, the Supreme Court ruled that prosecuting civilians in military courts was unconstitutional, immediately halting such trials. In early February, Attorney General Kiryowa Kiwanuka informed Parliament that his office was preparing to implement the ruling, including transferring cases involving civilians to the appropriate civilian courts.

However, Justice Minister Norbert Mao clarified on February 6, 2025, that the Supreme Court’s ruling did not mandate the release of the detainees, but only ordered the transfer of their cases to proper courts. “The Supreme Court did not issue a release order; they said bring the prisoners to the proper court,” Mao said, urging the public not to misinterpret the ruling.

The government is also expected to table amendments to the UPDF Act in Parliament soon to comply with the Court’s decision.