Prisons told to produce Besigye
Dec 22, 2005
<br>THE High Court has ordered the Commissioner General of Prisons to produce detained Forum for Democratic Change President Col. Kizza Besigye in court on December 28 and explain why he is still holding him.
By Hillary Nsambu
THE High Court has ordered the Commissioner General of Prisons to produce detained Forum for Democratic Change President Col. Kizza Besigye in court on December 28 and explain why he is still holding him.
High Court judge John Bosco Katutsi made the order yesterday following an exparte application by Besigye’s advocate Mohammad Mbabazi, for orders requiring Dr. Johnson Byabashaija to produce him and explain why he is in jail.
“I am satisfied with the reasons given for the writ of habeas corpus (a judicial order to a prison to produce an inmate) in respect of the applicant. The application has been followed. The Commissioner General is ordered to produce the applicant on December 28 at 9:30am to explain why he is still holding him in prison,†the judge said.
Earlier, Mbabazi said it was illegal and unlawful for the prison authorities to continue detaining Besigye when the commitment warrant issued by the General Court Martial against him expired on November 25.
The lawyer cited a High Court order stopping the military court to discontinue proceedings against Besigye till his petition challenging the legality of the court was decided.
Mbabazi said on November 29, the High Court granted bail to Besigye, however, the prison authorities whisked him back to their confinement at Luzira without giving any valid reason, apart from stating that there was a warrant of commitment signed by the chairman of the GCM to remand him until November 25, which has since expired.
“In view of the orders by the High Court to stay all the proceedings in the GCM and the expiry of the commitment warrant by the chairman of the military court, there is no valid reason by the Commissioner General of Prisons to continue holding him behind bars,†Mbabazi argued.
Besigye, whose trial on charges of treason and rape commenced on Monday, was granted bail by the High Court.
However, he could not be released from Luzira Prisons, as he was yet to apply for bail at the court martial where he and 22 others are facing charges of terrorism and unlawful possession of firearms.
Besigye and his co-accused do not recognise the court martial, saying it has no jurisdiction to try civilians.
They have also petitioned the Constitutional Court, challenging their trial before the military court.
More under Besigye Trial section
THE High Court has ordered the Commissioner General of Prisons to produce detained Forum for Democratic Change President Col. Kizza Besigye in court on December 28 and explain why he is still holding him.
High Court judge John Bosco Katutsi made the order yesterday following an exparte application by Besigye’s advocate Mohammad Mbabazi, for orders requiring Dr. Johnson Byabashaija to produce him and explain why he is in jail.
“I am satisfied with the reasons given for the writ of habeas corpus (a judicial order to a prison to produce an inmate) in respect of the applicant. The application has been followed. The Commissioner General is ordered to produce the applicant on December 28 at 9:30am to explain why he is still holding him in prison,†the judge said.
Earlier, Mbabazi said it was illegal and unlawful for the prison authorities to continue detaining Besigye when the commitment warrant issued by the General Court Martial against him expired on November 25.
The lawyer cited a High Court order stopping the military court to discontinue proceedings against Besigye till his petition challenging the legality of the court was decided.
Mbabazi said on November 29, the High Court granted bail to Besigye, however, the prison authorities whisked him back to their confinement at Luzira without giving any valid reason, apart from stating that there was a warrant of commitment signed by the chairman of the GCM to remand him until November 25, which has since expired.
“In view of the orders by the High Court to stay all the proceedings in the GCM and the expiry of the commitment warrant by the chairman of the military court, there is no valid reason by the Commissioner General of Prisons to continue holding him behind bars,†Mbabazi argued.
Besigye, whose trial on charges of treason and rape commenced on Monday, was granted bail by the High Court.
However, he could not be released from Luzira Prisons, as he was yet to apply for bail at the court martial where he and 22 others are facing charges of terrorism and unlawful possession of firearms.
Besigye and his co-accused do not recognise the court martial, saying it has no jurisdiction to try civilians.
They have also petitioned the Constitutional Court, challenging their trial before the military court.
More under Besigye Trial section