Uganda is ready for general elections in January 2026-President Yowri Museveni came to power in the seventh 1986 since. Under the leadership of the previous elections, repression is increasing. This time, however, it has moved beyond its limits of Uganda.
On November 16, 2024, opposition politician Kisa Beesigia and his colleague Obid Lutel were abducted in Nairobi, Kenya. Four days later, he again survived in Kampala, the capital of Uganda, who was involved in a military court on the security charges. Presented in Uganda, both citizens faced military justice, restricting extraordinary rendering and fixed process in clear violations of international laws.
Angered by this militarization of justice, Basigye and Lutyel attracted the 40-firm defense team led by former Kenya’s former Justice Minister Martha Karua.
If the purpose of the state’s antics was to silence disagreeable voices, they have done the opposite. Away from speaking others, these tests have given rise to national conversation on human rights and army’s role.
Uganda’s leading defense forces (CDFs), General Muhuji Kanerugaba, son of Museweni, have regularly commented on the case of Basigia on X. Widely seen as a potential successor of his old father, Kanerugba is the head of a political pressure group, which is in the patriotism of patriotism of the United States.
Since 2016, the Supreme Court of Uganda delayed the judgment on a case, brought by former Parliament member Michael Kabjiguruka, which challenges the trial of citizens before the military courts. Kabbaziguruka, who accused of treason, argued that his trial in a military tribunal violated fair test rights. As a citizen, he said he was not under military law. Besigye and Lutale’s case inspired it afresh.
On 31 January 2025, the Supreme Court ruled that trying citizens in military courts is unconstitutional, by ordering that all the ongoing or pending criminal tests that involve citizens have to be stopped immediately and should be transferred to ordinary courts.
Despite this decision, President Museweni and his son vow to continue using military courts in civil tests. Besigye went on hunger strike for 10 days in protest against the delay in transferring his case to a simple court. The case has now become a litmus test for Uganda’s military justice system before the 2026 elections.
Besigye and Lutale are not the only opposing politicians to face military justice. Tens of the National Unity Platform (NUP), under the leadership of Robert Kygulni,, known as Bobby Wine, has been convicted by military courts for various crimes. These include wearing NUP’s trademark red berets and other party dress, claiming that the authorities meet the military uniforms despite their different differences. Many low-term political activists are also facing allegations in military courts.
Over 1,000 citizens have been prosecuted in military courts in Uganda since 2002 for crimes such as murder and armed robbery.
For reference, in 2005, the state amended the UPDF Act to create a legal framework, which allowed the army to try citizens in military courts. It was no coincidence that this amendment took place as the army was trying the citizens arrested between 2001 and 2004, including Kiza Besigia.
Citizens’ military tests forward international and regional standards. They open the possibilities of a hurry of human rights violations, including tremendous confession, opaque procedures, improper testing and execution.
Trying citizens in military courts violates the principles and guidelines of 2001 principles and guidelines in Article 7 of the African Charter on human and people’s rights and in Africa. The African Commission on the rights of humans and people, the major human rights bodies of the region have long Condemned his practice in Uganda,
Opposition to military justice has not come only from the general quarters. religious leaders Expressed concern After the Supreme Court’s decision, about the constant custody of Basigia, as Anita did as the Speaker of the Parliament of Uganda and as a member of the ruling National Resistance Movement (NRM) Comment: “An injustice for anyone is injustice for everyone. Today it is happening with Dr. Basic, tomorrow it will be with one of us”.
Besigye and Lutale were shifted to a civil court on 21 February, following the court order and wide resentment. Besigye stopped her hunger strike. They live in custody, as their lawyers do. However, his transfer remains flawed without release in a process initiated by an illegality. Despite the transfer of their case, their cases of more citizens score are still pending before military courts, with little expectation that they will be transferred to the civil courts.
For this reason, 11 groups, including Amnesty Kenya, PAN-African Advocate Union, Law Society of Kenya, Kenya Human Rights Commission and Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), are called for their immediate release.
As the Uganda comes close to the elections, it is clear that military courts are now a tool in the shed of President Museweni that are for use for silent dissatisfaction. This is the time for Uganda to focus on the Supreme Court’s decision – however, military justice is also on trial.
The ideas expressed in this article are the author’s own and not necessarily reflecting the editorial stance of Al Jazeera.
