The Buganda Road Chief Magistrate’s Court, presided over by Grade One Magistrate, Ms. Winnie Nankya, halted Besigye’s trial in the case of inciting violence when he, in 2022, protested over high commodity prices for 60 days over his ill health but declined to issue an unconditional release order for the four-time presidential candidate, Dr. Kizza Besigye.
“Dr. Kizza Besigye, given his current state, is unstable and therefore unfit to stand trial at the moment. A stay of these proceedings is a proper remedy to allow him to restore his health. The proceedings are stayed for a period of 60 days, and since A1 is a public figure, criminal summons shall be issued when he is deemed fit to stand trial, and the hearing date shall be fixed. In the interim, his bail is extended until such a time,” Ms. Nankya ruled.
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The court also faulted Dr. Besigye’s lawyers, who filed a similar application in the high court; thus, the lower court cannot handle the same.
“When two similar applications are made in both the Magistrate’s Court and High Court under the Human Rights Enforcement Act, the following scenarios may occur. The first is jurisdiction; the High Court has broader jurisdiction and can handle more complex cases, including those that are non-degorable rights and freedoms granted under Article 44 of the Constitution of Uganda. The applications being similar in both courts, the High Court takes precedent.” Ms Nankya added.
Through his lawyers, led by Mr. Elias Lukwago and Mr. Ernest Kalibala, Dr. Besigye made an application seeking his immediate release, citing several acts and omissions that violate his fundamental human rights.
The lawyers stated his continued detention in Luzira prison without a valid remand warrant from any court since the one from the General Court martial expired, and he was granted bail in 2022 by the Buganda Road court.
They further noted that the state had not informed Dr. Besigye of any pending charges against him, as those that had been previously sanctioned by the court martial were halted by the Supreme Court last month.
“The failure to allow Dr. Besigye access to his personal doctors yet he is sick is another violation, and the denial of kinship by not allowing him to express his love to his dear wife, Winne Byanyima, and his life in prison is threatened by the remarks of the CDF Muhoozi Kainerugaba, who has since said Besigye will only leave prison on Heroes’ Day to be hanged,” Mr. Lukwago submitted.
The lawyers further asked the court not to send Dr. Besigye back to Luzira prison, alleging that it has since turned into a “safe house,” being the first court he has appeared in since January 7, and not to temporarily stay the trial in which the prosecution had prepared to present its last witness. They asked the court to first hear and dispose of this human rights enforcement application and make appropriate orders, including sanctioning the commissioner general of prisons and the DPP for these violations.
However, prosecution led by Mr. Allan Mucungunzi in response told court that there are no human rights violations arising out of this case to warrant a stay of proceedings as he was granted bail and that he is legally held in prison.
“There is nowhere the Supreme Court judgment orders for the release of individuals who had pending charges before the General Court Martial,” Mr. Mucungunzi countered.
He was sent back to remand.
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