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HomeBig StoryULS Demands Immediate Protection Of Fair Trial Rights After Besigye Court

ULS Demands Immediate Protection Of Fair Trial Rights After Besigye Court

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The Uganda Law Society (ULS) is deeply concerned by reports of Dr. Kizza Besigye’s collapse in court yesterday during his treason trial before Judge Emmanuel Baguma.

We are equally alarmed by the Judiciary’s issuance of restrictive guidelines via the Electronic Court Case Management System (ECCMIS) at the eleventh hour. These measures impose severe limitations on media access, photography, live broadcasting, and public scrutiny, effectively undermining the constitutional guarantee of a public hearing.

While Article 28(1) of the Constitution guarantees every person the right to a fair hearing within a reasonable time, we must caution that haste must not be mistaken for the speediness of justice. Rushing proceedings at the expense of fundamental safeguards — such as proper legal representation, medical fitness of the accused, and transparency — does not serve justice; it undermines it.

We reaffirm that every accused person, regardless of the charges, is entitled to a fair and public trial under Article 28. This includes the right to legal representation of their own choice, adequate time and facilities to prepare a defence, and open justice through transparent proceedings.

Imposing opaque and unilateral publicity restrictions, proceeding with state-appointed counsel against the accused’s express objections (while his chosen advocates face documented barriers), and sidestepping pending Miscellaneous Applications — including MA 269 of 2026 for stay of proceedings and MA 248 of 2026 inquiring into the repression of his legal team — seriously erodes the integrity of the judicial process and public confidence in the administration of justice.

We therefore strongly demand that the Court:

  • Immediately ensure Dr. Besigye receives proper and independent medical care;
  • Lift the unilateral publicity restrictions and engage the Bar and media on balanced guidelines;
  • Prioritise live-streaming of the proceedings through Judiciary portals and accredited media to uphold the principle of open justice;
  • Cease the abuse of ECCMIS to bypass legitimate applications and puncture established procedure;
  • Expeditiously hear and determine Miscellaneous Application 269 of 2026 (stay of proceedings) and MA 248 of 2026 (inquiry into alleged repression against defence counsel), and grant necessary adjournments to safeguard due process.

The Bar will continue to monitor this matter closely and stands ready to defend the independence of the legal profession and the rule of law. We urge the Judiciary leadership to heed growing public outrage over this case before irreversible damage is done to the institution’s credibility.

Justice delayed is justice buried, but so too is justice hurried. Publicity is the soul of justice. Without it, justice becomes a ghost. Hiding proceedings from the public eye is the wrong path.

Isaac K. Ssemakadde, SC
President, Uganda Law Society

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