The Uganda Law Society (ULS) has demanded the immediate withdrawal of charges against former Ethics and Integrity minister Dr Miria Matembe, while calling for an independent investigation into what it describes as her abduction, detention and politically motivated prosecution.
In a strongly worded statement issued on Tuesday, the lawyers’ body accused state authorities of violating constitutional safeguards and international human rights obligations in the handling of Matembe’s arrest and prosecution.
ULS said it was “deeply alarmed” by what it termed the enforced disappearance, unlawful detention and subsequent charging of the former minister, who also served as a member of the Uganda Constitutional Commission.
Matembe was on Tuesday charged before the Grade One Magistrate’s Court at Luzira with promoting sectarianism under Section 38(1)(d) of the Penal Code Act. She was later remanded to Luzira Prison pending further proceedings.
Prosecutors allege that the charges stem from statements she made during a television programme which were likely to promote hostility against members of the Banyankole ethnic group.
However, ULS argues that the circumstances surrounding her arrest raise serious legal and constitutional concerns.
According to the lawyers’ body, Matembe was allegedly taken on Sunday, June 28, from a relative’s home by armed men who identified themselves as security officers and held incommunicado at an undisclosed location for several days before being produced in court.
“The Uganda Law Society is deeply alarmed by the abduction, enforced disappearance and politically motivated prosecution of Dr Miria Matembe,” the statement reads.
The society further claims that the Director of Public Prosecutions consented to the charges without first obtaining representations from the accused, which it says undermines fair hearing standards.
ULS also cited a Constitutional Court decision in Alternative Digitalk v Attorney General, arguing that it reaffirmed constitutional protections on freedom of expression and political speech.
It maintained that the prosecution of Matembe amounts to an attempt to criminalise expression protected under the Constitution.
The lawyers’ body also raised concerns over the decision to remand the 73-year-old former minister to prison, noting that the magistrate cited court hours despite reported concerns over her health and need for urgent medical attention.
In its statement, ULS outlined what it described as a pattern of constitutional violations, including enforced disappearance, arbitrary deprivation of liberty, unlawful involvement of security agencies in civilian enforcement, suppression of political expression, and abuse of the criminal justice system for political purposes.
“The pattern of enforced disappearances followed by selective prosecution poses a grave threat to constitutional democracy and the rule of law in Uganda,” the statement said.
ULS further argued that the alleged actions contravene Uganda’s obligations under the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and international legal standards governing enforced disappearances.
The lawyers’ body is now demanding that the Director of Public Prosecutions withdraw all charges against Matembe with immediate effect.
It is also calling for a full, independent and transparent investigation into her alleged abduction, detention and treatment while in custody, and for those responsible to be held accountable.
Additionally, ULS urged government to restore Matembe’s constitutional rights and end what it described as the criminalisation of legitimate political expression and criticism.
The society also appealed to international bodies, including the United Nations, African Union, African Commission on Human and Peoples’ Rights, European Union, United States, United Kingdom and international bar associations, to engage the Ugandan government over the matter.
The case adds to a growing list of politically sensitive prosecutions in which legal and human rights bodies have raised concerns over due process, freedom of expression and the role of security agencies in civilian arrests.
