Defence protests as Uganda opposition leader faces trial

Uganda’s military tribunal today ordered the main opposition leader to appear for trial tomorrow, although his lawyers have protested that prison officials have refused confidential access and insisted on reading all documents.

Opposition leader Kizza Besigye’s wife and lawyer said today that confidential access to his lawyers has been prevented during preparation for his trial, on charges that carry the death penalty.

Two senior prison officers insist on sitting within hearing distance when lawyers meet Besigye at the Luzira Maximum Security Prison to plot defence strategy, his wife, Winnie Byanyima, said.

Besigye, the first credible challenger to President Yoweri Museveni’s 19-year rule, has denied treason and rape charges at a civilian court as well as charges of terrorism and illegal possession of firearms at a military tribunal.

Conviction on terrorism or treason carry the death penalty.

“It is just incredible that they have openly denied him all the usual rights of a prisoner. The state has placed charges against him, but he is forced to discuss his defence in front of state officials,” Byanyima said.

Besigye is unable to craft a defence strategy since “he cannot have a confidential discussion with his lawyers about how he should plead and about evidence that they have before them,” Byanyima said.

“These are capital cases – punishable by death, death by hanging. But yet he cannot have the benefit of a full defence.”

Assistant Commissioner for Prisons Wycliffe Kururagyire said the claims were not true.

Besigye, who is charged at the military tribunal with terrorism and illegal possession, will also appear at the High Court on Monday for trial on treason and rape. He has denied the charges, defence lawyer Yusuf Nsibambi said.

Besigye, who has a degree in medicine and surgery, quit his job at the Aga Khan Hospital in Nairobi, Kenya, to join rebels who were fighting against then President Milton Obote.

He was Museveni’s personal physician during the 1980-1986 guerrilla war that brought him to power. He was appointed Minister of State for Internal Affairs at age 29.

He worked as Minister of State in the President’s office, the government’s chief ideologue, commander of one of the army’s nascent Mechanised Brigades, the army chief of logistics and engineering and the defence ministry adviser.

He fell out of favour after he criticised corruption in the government and the lack of democracy within the ruling party in 1999.

He then mounted the strongest challenge to Museveni, coming in second during 2001 presidential polls that were marred by violence and allegation of massive rigging.

Uganda’s Supreme Court ruled 5-0 that there was widespread cheating but ruled 3-2 against nullifying the results.

In June, 2001, he was briefly detained and questioned by the police on charges of treason. He fled to the United States and later went to live in South Africa, saying his life was in danger.

He returned home November 26 to run in elections set for February 23. But he was detained November 14 and was charged with treason and rape in a civilian court. He later was also accused of terrorism and illegal possession of firearms at a military court that is controlled by trusted aides to Museveni.

Museveni is under pressure from within his party to release Besigye. Leaders argue that it would be politically suicidal for him to run for re-election against a prisoner, the local press has reported.

Western donors are also pressing the government to release Besigye. “They say that there is no transition to multiparty politics when there is no contest between Museveni and his chief opponent,” Byanyima said.

An opinion poll survey published last week by the pro-government Sunday Vision newspaper showed that Besigye has a 14-point lead over Museveni.

The margin of error was plus or minus 5%.