The Chief of Defence Forces, Muhoozi Kainerugaba, has asked court to dismiss an application filed by veteran opposition politician Kizza Besigye in which he alleges that he was subjected to death threats, describing the claims as speculative, unsubstantiated and based on hearsay.
In an affidavit sworn by Lt Col Daniel Atwine, head of the Special Investigations Bureau of the Uganda People’s Defence Forces (UPDF), the state contends that the allegations presented by Besigye and co-applicant Obed Lutale are “misconceived, speculative, founded on hearsay and conjecture,” and should properly be examined during the criminal trial process.
Lt Col Atwine, who swore the affidavit on behalf of Gen Muhoozi and co-respondents Col Peter Ahimbisibwe and Lt Col Ephraim Byaruhanga, further argues that the court application does not present an accurate account of the circumstances surrounding the arrest and subsequent treason charges.
“…….the application is misconceived, speculative, founded on hearsay, conjecture and are matters that are properly determinable before the criminal trial court,” Lt Col Atwine says in the affidavit.
He states that the Special Investigations Bureau operates under authorised mandate to detect, investigate and prevent crimes affecting national defence and security, working in coordination with other security agencies.
According to the affidavit, the UPDF received intelligence reports alleging that Besigye and Lutale were engaged in subversive activities, including mobilising, recruiting and training individuals with the alleged intent to overthrow the government.
Lt Col Atwine further states that investigations were launched on suspicion of treason based on the reported intelligence, and denies claims that the arrests amounted to an abduction from Nairobi, Kenya.
He instead says security forces received information on November 17, 2024, from a liaison officer at the Malaba border point indicating that Besigye and his associates were at the border area, prompting instructions to carry out an arrest operation.
A team led by Lt Hashim Wandera was deployed, and the applicants were arrested and later transported to Makindye Military Police Detention Centre, where they were held pending interview, according to the affidavit.
The UPDF maintains that Col Ahimbisibwe and Lt Col Byaruhanga did not take part in the arrest operation.
Lt Col Atwine also states that upon arrest, Besigye and Lutale were informed of the reasons for their detention and were granted access to legal representation, family members and medical services.
He further rejects allegations that the suspects were detained in ungazetted facilities, insisting that Makindye Military Police Detention Centre is a lawful detention facility.
The affidavit adds that the suspects were later charged alongside serving UPDF officer Capt. Oola Denish Oyaa. It further notes that following a Supreme Court decision, the matter was transferred to Makindye Chief Magistrates Court for hearing in a civilian jurisdiction.
The UPDF argues that the ongoing proceedings stem from lawful investigations conducted by competent authorities and are subject to judicial determination, insisting that there was no violation of rights to fair hearing or protection from torture and inhuman treatment.
“….. the criminal proceedings against the applicants arise from investigations conducted by competent authorities and are subject to judicial determination…..there was no violation of the applicants’ rights to fair hearing and freedom from torture and cruel, inhuman or degrading treatment or punishment.”
Gen Muhoozi and the co-respondents are now urging court to dismiss Besigye’s application, arguing that the grounds presented are insufficient to justify the orders being sought and that the matters raised should instead be resolved in the criminal trial.
