Besigye asks court to block treason case

Feb 02, 2010

THE Forum for Democratic Change leader, Kizza Besigye, has asked the Constitutional Court to block the State from prosecuting him on treason and terrorism charges.

By Charles Ariko

THE Forum for Democratic Change leader, Kizza Besigye, has asked the Constitutional Court to block the State from prosecuting him on treason and terrorism charges.

Besigye and 10 others petitioned the court in 2007, saying their prosecution on charges of plotting to overthrow the Government was unconstitutional.

Besigye also wants his trial before the Court Martial stopped.

Besigye’s treason trial before the High Court was stopped when he petitioned the Constitutional Court challenging it.

During the hearing of the petition yesterday, David Mpanga, the lawyer representing Besigye and his co-petitioners, said the splitting of cases and the simultaneous trial of the petitioners at the High Court, the Court Martial and the magistrates courts were unconstitutional.

The High Court granted them bail, but the State blocked their release and deployed security personnel at the High Court who re-arrested them.

Some of the petitioners were later charged with murder in Arua and Bushenyi districts.

“We pray that court declares the conduct of the security personnel on March 1, 2007 a breach of the Constitution,” Mpanga told the court

He said yesterday that the petitioners were physically assaulted during their re- arrest, amounting to torture and inhuman treatment.

A coram of five judges, led by Justice Alice Mpagi, heard the petition. The other judges were George Engwau, Amos Twinomujuni, Constance Byamugisha and Augustine Nshimye.

Henry Oluka, who represented the Attorney General, argued that no illegal acts were committed by the security agents at the court premises.

Oluka said the petitioners were re-arrested because “there was reasonable suspicion on the part of the Government (that they would run away).”

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