Besigye free to challenge trial â€" court
Sep 01, 2009
The Constitutional Court has ruled that Besigye and 10 others are free to challenge their treason trial in the High Court
The Constitutional Court has ruled that Besigye and 10 others are free to challenge their treason trial in the High Court, reports Anne Mugisa and Hilary Nsambu.
In a unanimous ruling the five judges on the Coram overruled the Attorney General, who had asked the court to dismiss the petition.
The Attorney General argued that Besigye and his co-accused had not been denied a fair trial or bail.
Citing a petition by the Uganda Law Society, the Attorney General said the Constitutional Court had already addressed the issues the petitioners were presenting.
But the court said the Uganda Law Society was not party to Besigye’s petition, which meant that it was not the same case that had been addressed.
The Court added that the acts of the State, which the petitioners were complaining about, were a repetition of the previous acts and had to be heard on their merit.
Besigye and his co-petitioners went to the Constitutional Court in 2007, seeking to block their trial for treason in the High Court.
They also wanted to stop the terrorism proceedings in the General Court Martial.
The petitioners also want the court to permanently block the state from prosecuting any of them on charges arising from or connected with “an alleged plot to overthrow the Government between 2001 and December 2004.â€
They also asked for a declaration that the State acted unconstitutionally by prosecuting them for treason in the High Court and initiating General Court Martial trials in Bushenyi and in Arua districts.
In the petition, Besigye also asked the Constitutional Court to declare unconstitutional the murder charges brought against some of them. They also complained that the cumulative effect of the State’s conduct towards the judiciary and the petitioners in connection with the treason trial contravened the constitution.
They said their rights had been infringed on by the State and its agents.
Besigye and his co-accused were charged with treason, which they allegedly committed between 2001 and 2004.
The court granted them bail, but the State blocked their release and deployed security personnel who besieged the High Court and re-arrested them.
In a unanimous ruling the five judges on the Coram overruled the Attorney General, who had asked the court to dismiss the petition.
The Attorney General argued that Besigye and his co-accused had not been denied a fair trial or bail.
Citing a petition by the Uganda Law Society, the Attorney General said the Constitutional Court had already addressed the issues the petitioners were presenting.
But the court said the Uganda Law Society was not party to Besigye’s petition, which meant that it was not the same case that had been addressed.
The Court added that the acts of the State, which the petitioners were complaining about, were a repetition of the previous acts and had to be heard on their merit.
Besigye and his co-petitioners went to the Constitutional Court in 2007, seeking to block their trial for treason in the High Court.
They also wanted to stop the terrorism proceedings in the General Court Martial.
The petitioners also want the court to permanently block the state from prosecuting any of them on charges arising from or connected with “an alleged plot to overthrow the Government between 2001 and December 2004.â€
They also asked for a declaration that the State acted unconstitutionally by prosecuting them for treason in the High Court and initiating General Court Martial trials in Bushenyi and in Arua districts.
In the petition, Besigye also asked the Constitutional Court to declare unconstitutional the murder charges brought against some of them. They also complained that the cumulative effect of the State’s conduct towards the judiciary and the petitioners in connection with the treason trial contravened the constitution.
They said their rights had been infringed on by the State and its agents.
Besigye and his co-accused were charged with treason, which they allegedly committed between 2001 and 2004.
The court granted them bail, but the State blocked their release and deployed security personnel who besieged the High Court and re-arrested them.