The Commission wrote to President Museveni over the arrest and detention of Human Rights lawyer, Eron Kiiza, the beating of journalists by the UPDF and the arrest of student demonstrators
The African Commission on Human
and Peoples' Rights wrote to President Museveni rising concern about human
rights violations in Uganda.
The Commissions particularly singled
out the arrest and detention of Human Rights lawyer, Eron Kiiza.
On 7 January 2025 during a court session, soldiers physically
prevented Eron Kiiza from entering the military court’s section for defendants’
lawyers when his clients, opposition politician was arraigned.
Eron Kiiza
responded by shouting and banging on the courtroom barricade.
Soldiers assaulted him while removing him from the courtroom,
before arresting and placing him in the dock alongside his clients.
The court later on the same day convicted him of “contempt of
court” and sentenced him to nine months imprisonment at Kitalya prison without
a fair trial.
Eron Kiiza was one of the lawyers representing Dr Kizza
Besigye, who was abducted in Nairobi, Kenya in early November 2024.
He resurfaced on 20 November 2024 when he was arraigned in a
military court in Kampala, Uganda, where he was charged alongside FDC member
Haji Obeid Lutale with offences relating to security and unlawful possession of
firearms and ammunition.
At the time of Kiiza’s arrest and detention, the
International Bar Association (IBA), the
global voice of the legal professionsaid Kiiza’s arrest, detention, and summary conviction by a
military tribunal, raised grave concerns regarding his right to liberty and his
right to a fair hearing, protected under Articles 23, 28, and 44 of the
Ugandan Constitution.
IBA further said the subjection of Eron Kiiza to inhuman and
degrading treatment and punishment amount
to violations of Article 24 of the Ugandan Constitution, Article 5 of the
African
Charter on Human and People’s Rights, the United Nations (UN)
Convention
Against Torture, and Article 7 of the
International
Covenant on Civil and Political Rights, to which Uganda is a state party.
It
noted that violent arrest and summary conviction of Eron Kiiza by a military tribunal as a civilian, also
raise concerns of contraventions of the
UN
Basic Principles on the Independence of the Judiciary, and the
UN
Principles Governing the Administration of Justice Through Military Tribunals.
Critically, the
UN
Basic Principles on the Role of Lawyers.
African Commission on Human and
Peoples' Rights also raised concern about the beating of journalists
and the detention of university students during peaceful protests. It also raised
concerns about the independence and security of legal professional in Uganda.
The concern over human rights violations came up at the 83rd Ordinary
Session of the African Commission on Human & Peoples’ Rights (ACHPR) taking
place in Banjul, The Gambia.
The Deputy Attorney General, Jackson
Kafuuzi is a leading Uganda’s delegation at the session taking place from May
2nd to May 22nd.
Kafuuzi stated that Uganda is constitutional
democracy and country governed by laws.
“Chapter four of our constitution contains a bill of rights
and provides for the protection and promotion of fundamental and other human
rights and freedoms. Article 23 of the constitution provides for protection of
persons liberty” stated Kafuuzi.
///Cue In “And provides ……
Cue Out……for redress.”////
He told the commission that during the trial of Dr. Kiiza,
Besigye at the General Court Martial, advocate Eron Kiiza conduct was deemed contemptuous.
“And as a result, he
was convicted of contempt of court and given a custodial sentence” he reported.
///Cue In “ Mr Eron Kiiza…..
Cue Out……condone the violations”///
On the violations against journalists, Kafuuzi stated that the
government believes that security of journalists is essential to preserve the fundamental
right to freedom of expression.
“The government has put in pace effective laws and measures to
establish a safe and enabling environment for journalists to work without fear
of violence”
At least 18 journalists were violently attacked by
security forces while covering the legislative by-elections in Kawempe North in
March.
Five
other journalists had also been assaulted while covering the election campaign
and one of them
nearly
lost sight in his left eye. All were identifiable as journalists at the
time of the attacks.
Faced
with the shocking scale of violence committed by its members, on 13 March the
UPDF issued a
press statement
announcing investigations would be conducted into the assaults and the results
“will guide the measures to be undertaken, including disciplinary processes.”
UPDF
spokesman Chris Magezi said the violence was the result of a “misunderstanding
and miscoordination,” and that “the journalists must have been mixed up with
violent supporters.”
The African Commission on Human
and Peoples’ Rights (the ACHPR) is a quasi-judicial body established under
Article 30 of the African Charter on Human and Peoples’ Rights (the African
Charter or Charter) to promote human and people’s rights and ensure their
protection throughout Africa.