Uganda High Court Dismisses Habeas Corpus for Lawyer Kiiza

Uganda's High Court threw out a freedom request for human rights lawyer Eron Kiiza on Monday. Kiiza stays locked up at Kitalya Mini Max Prison after the General Court Martial found him guilty of disrespecting their authority. Judge Douglas Karekona Singiza decided Kiiza's legal team used the wrong method to fight his nine-month sentence. The court explained that despite military courts lacking proper authority over civilians, Kiiza should have asked for judicial review instead.

Kiiza works as an advocate for the High Court and represented opposition leaders Dr. Kizza Besigye and Haji Obeid Lutale Kamulegeya. During these proceedings, the military court charged him with contempt, convicted him, and sent him to prison. His attorneys claimed this imprisonment broke the law because the Supreme Court previously ruled military courts cannot fairly try civilians under Article 28 of the Constitution. The legal team pursued his release through multiple paths, including an appeal to the Court Martial Appeals Court.

The government opposed freeing Kiiza through Senior State Attorney Johnson Natuhweera. They argued his challenge already existed in another court system and past convictions remain valid unless officially overturned. Judge Singiza agreed that Supreme Court decisions question whether military courts should try civilians at all. However, he determined that a civil judge cannot directly cancel a military court's decision through this particular legal method. The judge suggested Kiiza should have filed for judicial review or appealed through criminal courts.

The decision means Kiiza must stay imprisoned unless his current appeal succeeds or his attorneys create a new legal challenge using proper channels. Attorney Peter Mukidi Walubiri leads Kiiza's defense team, but they have not announced their next legal steps yet. This case highlights ongoing tensions between military and civilian courts in Uganda, especially regarding jurisdiction over non-military citizens. The Supreme Court previously stated military courts lack the independence needed for fair trials, but implementing these rulings remains complicated for people already serving sentences.
 

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