Uganda Law Society Accuses President Museveni of Interfering in Besigye Trial

The Uganda Law Society (ULS) has strongly condemned President Yoweri Museveni's public comments regarding Dr. Kizza Besigye's ongoing treason trial, labeling them as executive interference in the justice system. In a televised address, Museveni questioned why Besigye was allowed to repeatedly challenge court proceedings instead of defending himself, suggesting the opposition leader should use the trial to prove his innocence if he believes the charges are politically motivated. The president also criticized the practice of granting bail in serious criminal cases, particularly for suspects accused of intimidating witnesses.

Responding swiftly, the ULS issued a statement asserting that Museveni's comments on an active case breached the sub judice rule, potentially prejudicing Besigye's right to a fair hearing. ULS President Isaac K. Ssemakadde urged the Chief Justice and judicial leadership to publicly denounce this perceived executive interference. The society argued that the President's public speculation on the motives, conduct, and merits of a case before the courts constitutes "clear sub judice contempt of court."

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The President's address constitutes clear sub judice contempt of court.

Furthermore, the ULS criticized President Museveni's renewed push to abolish bail, viewing it as an attack on fundamental constitutional rights, including personal liberty and the presumption of innocence. The society emphasized that bail decisions are solely within the judiciary's jurisdiction and cannot be dictated by the executive branch. They argued that abolishing bail would contravene Uganda's constitution, as well as international standards like the UN's Tokyo Rules and the African Commission's Luanda Guidelines. "Banning bail will not protect witnesses. It will instead punish the innocent and shield systemic failures from scrutiny," the ULS statement concluded.

The ULS demanded that President Museveni cease public commentary on active court cases, including Besigye's trial, asserting that such remarks undermine judicial independence and public trust. The society also called on the Judiciary to publicly defend its independence, referencing Magistrate Sheilla Gloria Atim's stance in a separate case.

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Banning bail will not protect witnesses. It will instead punish the innocent and shield systemic failures from scrutiny.