Uganda’s Supreme Court recently ruled that trying civilians in military courts is unconstitutional. Human rights groups welcomed the decision as a major step in protecting the right to a fair trial, but the government criticized the move.
Human Rights Watch’s senior researcher Oryem Nyeko said the decision is encouraging, as it reflects the values of human rights and the right to a fair trial.
The idea that civilians should not be tried in military courts is something that is agreed upon at many levels, including in international law, Nyeko added.
Ugandan President Yoweri Museveni criticized the ruling, saying the country is not governed by judges but by the people.
Museveni defended the military courts, saying its trials reinforce the civilian judicial system to defend the lives of people against armed criminals.
According to rights groups, Ugandan military courts have tried hundreds of civilians, including opposition politicians and government critics.
In 2016, former Parliament member Michael Kabaziguruka was charged with security-related offenses and tried in a military court. In successfully petitioning the Supreme Court, he argued that it was against the law for him and other civilians to face a General Court Martial (GCM).
Kabaziguruka argued that the GCM was incapable of dispensing justice, so no one who went there expected justice to be served. Instead, he said, the GCM has been used as a tool of repression by the government to fight its political opponents.
The court’s ruling has given hope to opposition leader Kizza Besigye, who was abducted in Kenya in November and days later appeared before a military court in Kampala. He faces the death penalty for treason. Despite the high court ruling, his court-martial case is expected to continue.
Army spokesperson Chris Magezi said a military court can try any person accused of conspiring to kill the president or accused of committing armed rebellion or terrorism against Uganda.
Kabaziguruka said he isn’t interested in the president’s criticisms, as the Supreme Court ruling over the courts-martial issue is final. The president can rant, Kabaziguruka said, but he cannot change the ruling.
Kabaziguruka also said that civilian defendants in military courts are treated poorly and tortured by soldiers, leaving an indelible mark.
Museveni argued that military courts are beneficial to the country's security and ordered the attorney general to propose constitutional amendments to prevent judges from interfering with their work.
