Bobi Wine’s lawyers petition human rights body for his release from military detention

Lawyers representing Kyadondo East Member of Parliament have petitioned the Uganda Human Rights Commission asking the body to issue orders for his release from detention at the Makindye Military barracks.

Following his arrest last week after  the chaos in Arua municipality by –election, Kyagulanyi was arraigned before  the General Court Martial sitting in Gulu on charges related to unlawful possession of fire arms and ammunition contrary to section 3(2) (a) of the Fire Arms Act 299.

He was later remanded at the Makindye Military barracks by the army court.

On Monday, a group of lawyers led by Erias Lukwago, Nicholas Opio, Asuman Basaalirwa and Eron Kiiza among others stormed the Human Rights Commission headquarters in Kampala before presenting their petition to the body’s chairperson, Meddie Kaggwa.

“A military barracks is not a remand centre and detaining him in Makindye is a violation of his(Kyagulanyi) of his rights.We want orders that he is transferred and remanded in a gazeted place,”Lukwago told the UHRC chairperson.

Quoting article 53 of the Constitution, the lawyers insisted that the Uganda Human Rights Commission has powers order for his release from military detention and subsequent remand in a gazetted remand facility like Luzira and Kigo prisons.

Article 53 of the Constitution says that in the performance of its functions, the Uganda Human Rights Commission shall have the powers of a court and if satisfied that there has been an infringement of a human right or freedom may order for the release of a detained or restricted person or order for any other legal remedy.

The lawyers insisted that the human rights body should not only end at making statements and recommendations but start biting.

“We want the commission to bite but not one that only makes statements and recommendations. We want it to make an order for Kyagulanyi’s release from military detention,”Lukwago said.

Lukwago also demanded the commission to make orders to the army to let Kyagulanyi’s team of lawyers visit and interact with him for instructions on how to proceed with the case in the army court.

Basaalirwa told the commission that when he attended court in Gulu, he appealed to the General Court Martial chairman, Lt.Gen. Andrew Gutti to halt Kyagulanyi’s charging but the court refused.

“When he(Kyagulanyi) appeared, we asked that taking plea be halted because he could not understand what was going on but instead we were intimidated that we would be arrested for contempt of court,”Basaalirwa said.

“Since his arrest, his team of lawyers has never got time to interact with him on his representation.”

In response, the Uganda Human Rights Commission chairperson, Meddie Kaggwa said the body would carry out investigations into the complaints made by the lawyers before making any further instructions.

Kaggwa however fumed over the claim that the lawyers had not been allowed to speak to Kyagulanyi.

“One thing that has struck me is saying that lawyers were not cleared to access Kyagulanyi. It is wrong,”Kaggwa said.

Meanwhile, the lawyers insisted that only Lukwago had been allowed to see the victim but this was done in his capacity as the Kampala Lord Mayor adding that the human rights body has not done enough to force the army let them access Kyagulanyi.

The UHRC chairperson however insisted that he has done a lot to condemn Kyagulanyi’s torture unlike the claims from the lawyers.

“We have been at the forefront of condemning torture of suspects in this country. These are the things we do out of passion. No one should be deceived that we condone torture,”Kaggwa said.

He said the body would carry out investigations before coming out with a report.