“We won’t beg [President Yoweri] Museveni for our freedom. It’s okay if you want to kill us for trying to fight for our country. You arrested us for trying to protect Robert Kyagulanyi’s votes [during presidential elections] now you expect us to beg you to return our freedom! What crime did we commit! We will not relent,” one of many political prisoners shouted from a navy van taking them again to Luzira jail the place they’ve been on remand for almost 4 years.
This was Monday after the General Court Martial at Makindye, Kampala once more denied the 28 National Unity Platform (NUP) supporters bail on grounds that the six troopers on its panel didn’t discover benefit within the bail utility.
The ruling from the very best courtroom of navy justice within the nation chaired by Brig Gen Freeman Robert Mugabe is simply one of many a number of orders which have blocked Olivia Lutaaya and 27 different NUP supporters from getting short-term freedom from jail.
The suspects have been first remanded on fees of illegal possession of 13 explosive gadgets following their arrest in December 2020 (throughout presidential campaigns) earlier than a further cost of treachery was slapped on them.
They have had a number of of their bail purposes dismissed earlier than by the military courtroom, largely on grounds that their sureties weren’t substantial.
As a consequence, eight opposition MPs and a divisional mayor provided to face surety for the suspects.
This was after the military courtroom in its earlier ruling rejected their mother and father and spouses on grounds that they weren’t substantial sureties.
During listening to of the appliance, the state prosecutor, Lt Alex Mukhana who relied on the affidavit of ASP Julius Muzigiti opposed the bail utility on grounds that the candidates are charged with one depend of treachery opposite to part 129 of the UPDF Act, 2005 and one depend of illegal possession of ammunition opposite to part 3(1) and (2) (a) of the Firearms Act.
He additionally argued that the refusal or grant of bail is at courtroom’s discretion contemplating all of the circumstances and deserves of the appliance.
In the courtroom’s ruling learn by Brig Gen Mugabe, he stated the courtroom discovered no benefit within the bail utility, partly as a result of the suspects allegedly haven’t got fastened locations of aboard.
“…and court declines to grant bail to the applicants. The application is hereby dismissed. Court orders an expeditious trial of the applicants in the main case,” he stated forcing one of many suspects, Muhysdin Kakooza to show rowdy.
He was subjected to a beating by troopers deployed within the courtroom earlier than he waa carried out and shoved right into a ready navy van.
This was the third time Kakooza, annoyed by delayed justice, turned rowdy within the courtroom.
Outside the closely guarded courtroom, Brig Gen Mugabe’s ruling additionally sparked outrage as kinfolk of the suspects and politicians who had attended courtroom protested, describing the choice as unfair.
No jurisdiction to strive civilians
In 2022, Constitutional Court ordered that every one information of civilians in navy courts ought to be transferred to the High Court in 14 days beneath the stewardship of the Director of Public Prosecutions saying that the trial of civilians in courtroom martial was unlawful.
The UPDF Act gives for circumstances by which the General Court Martial has jurisdiction over civilians, who look like probably the most prosecuted class of individuals there.
Section 119(1) of the UPDF Act gives that “persons subject to military law” embrace serving navy officers and: (g) each individual, not in any other case topic to navy regulation, who aids or abets an individual topic to navy regulation within the fee of a service offense; and (h) each individual present in illegal possession of (i) arms, ammunition or tools ordinarily being the monopoly of the Defence Forces; or (ii) different categorized shops as prescribed.
On the premise of part 119(1)(g) and (h), many civilians have been prosecuted earlier than the General Court Martial for offenses such because the illegal possession of firearms or ammunition, aiding and abetting troopers to commit offenses and treason.
Attorney General Kiryowa Kiwanuka has since appealed to the Supreme Court, the Constitutional Court resolution that nullified the trial of civilians within the courtroom Martial and he awaits a call.
