Veteran opposition politician Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale, have filed a fresh application before the High Court seeking declarations against the government and senior military officials over alleged grave human rights violations linked to their arrest, detention, and prosecution.
In the application filed before the Criminal Division of the High Court, the two name the Chief of Defence Forces, Gen. Muhoozi Kainerugaba, Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga, and the Attorney General as respondents.
They argue that their prosecution on charges of treason and misprision of treason was preceded by what they describe as an unlawful abduction from Nairobi, Kenya, and an extraordinary rendition to Uganda outside established extradition procedures.
According to the application, the alleged operation on November 16, 2024, involved their arrest in Kenya by Ugandan military personnel and their subsequent forcible transfer to Uganda, which they contend violated their constitutional rights to personal liberty, due process, and a fair hearing.
Besigye and Lutale further claim that they were detained for four days at Makindye Military Barracks without access to lawyers, family members, or a competent court, exceeding the constitutional 48-hour requirement for producing suspects before court.
They argue that the facility is not a gazetted detention centre for civilians, and that their confinement there amounted to unlawful detention and psychological torture in breach of constitutional protections and Uganda’s anti-torture laws.
The applicants also allege that during the arrest operation in Nairobi, their personal property, including mobile phones and other belongings, was confiscated, violating their right to property.
In addition, they cite public statements allegedly made by Gen. Muhoozi Kainerugaba, which they say threatened violence and execution, arguing that such remarks undermined Besigye’s right to the presumption of innocence and a fair trial before an impartial court.
The application further challenges the period between their arrest in November 2024 and their eventual arraignment before a civilian court, which they describe as unlawful, unreasonable, and unconstitutional.
Through the suit, Besigye and Lutale are seeking declarations that their rights were violated and that the actions of the respondents contravened several provisions of the Constitution, the Human Rights (Enforcement) Act, and the Prevention and Prohibition of Torture Act.
The case adds to ongoing legal and political controversy surrounding Besigye’s arrest in Kenya and subsequent transfer to Uganda, an episode that continues to attract scrutiny as his treason trial proceeds before the High Court.