| Besigye defies army court |
| SOLOMON MUYITA & HUSSEIN BOGERE |
| KAMPALA Forum for Democratic Change leader Kizza Besigye has said he will neither respect nor honour the army courts latest summons for him to appear before it over charges of terrorism and illegal possession of firearms. My rights and freedoms have already been abused and violated by the same institution. I was in prison illegally for about three weeks on orders of that institution, Dr Besigye told Daily Monitor yesterday. He added, I will not, and I cannot, willfully subject myself to a violation of my rights and freedoms. Therefore, they can use their force to continue to violate my rights, but I will not willfully subject myself to that violation. I will do everything in my power to resist that heinous violation. The New Vision yesterday reported that summons were served to Besigyes lawyers on March 1 for him to appear in the army court on March 15. The General Court Martial Chairman, Gen. Elly Tumwine, last Thursday ordered Besigye to appear before him and the 22 men he is charged with on March 15. When he was told that the lawyers representing Besigye and the 22 men had refused to appear before the army court, whose jurisdiction they have refused to recognise, Tumwine said he would still go ahead with the proceedings. It is the duty of the defence lawyers to defend their clients, he said. In the event that they dont turn up to represent their client, this court will go ahead to hear the evidence from the prosecution and thereafter deliver its verdict. Besigye said yesterday, I cant deliver myself to a criminal (proceeding). I ts like a robber who says you come and I rob you and you go. I will be going to the High Court for the treason case. I will go to the court I respect. If they (army) want to arrest me, they can do so. But I will not subject myself to their jurisdiction. Besigye and the 22 men also face treason charges in the High Court. They are supposed to appear in the civilian court on March 15, the same day Gen. Tumwine has summoned them to his court martial. Besigyes lawyer Sam Njuba told Daily Monitor yesterday that he had advised the FDC leader not to go to the army court. Tell Tumwine that he is not above the law; he is not God, Njuba said. We made this Constitution here in Kampala. It is supreme and it governs him and his guns. He should stop disturbing our lawyers. We have more serious matters to do, and its not painting shirts. Tumwine is a fine artist who was until recently better known for his handmade designer shirts. Besigyes lawyers have consistently a rgued that the GCM is subordinate to the High Court and could not try him and the others on offences based on the same evidence as the treason charges that they are facing in the civilian court. They said the trial in GCM was tantamount to double jeopardy. Their case was bolstered by the Constitutional Courts ruling on January 31 that the army court was not competent to try the two offences of terrorism and illegal possession of firearms. This followed a public interest petition filed by the Uganda Law Society (ULS). The State has since appealed the ruling in the Supreme Court. There had been reports that the army court had dropped the charges against Besigye, but when prison authorities produced 20 of his co-accused before the GCM last Thursday, Tumwine said it was a case of wrong reporting. Now that campaigns are over, members of the press are expected to report more soberly, objectively and correctly, Tumwine said. The last time this case ca me here, you wrongly reported that the charges against retired Col. Dr Kizza Besigye had been withdrawn, which is not the case. The charge sheet as was presented by the State before still has all the 23 accused, Besigyes name inclusive. It has never been amended, he added. Tumwine had earlier said that the General Court Martial was not subject to the jurisdiction of civilian courts. Not even the Chief Justice can make regulations to govern the General Court Martial, he said. Both the Uganda Human Rights Commission and international watchdog Human Rights Watch have condemned the army courts refusal to submit to the Constitutional Courts decision. But Tumwine remains defiant. He declined to explain his actions to Daily Monitor yesterday. I am not going to talk to the press on this issue anymore, he said. You started the whole thing, you ignored my clarification in court; now I am not going to talk. You wait and hear what the court will say. Th e ULS President, Mr Moses Adriko, maintained yesterday that what Gen. Tumwine is doing is illegal and he too knows it. He added, It is in contempt on the Constitutional Court. Adriko said the Uganda Law Society had not filed a contempt of court against the General because who will execute the order? Can our Uganda Police go and arrest Gen. Tumwine? Besigye for his part said, Its a very, very fundamental breach of the rule of law that an institution of government, especially a military one, should so contemptuously refuse the ruling of an hounourable court. He added, Its a development that should not only be a matter for me to get worried about. Its a mater for the whole country to worry about. If the army is determined to violate in such a blatant way the rule of law and institutions of the State, then there is a crisis in the country that must be addressed by all law abiding and peace loving people in this country. Besigye said the ar my court had no legal basis to continue trying anybody on the case of terrorism. The law is very clear, he said. It says terrorism is only triable by the High Court. We are already being tried in the High Court. How can Tumwine and his court expect me to subject myself to them? Besigye said the army defiance of civilian courts was part of the wider struggle over the legitimacy of who should rule the country and how it should be ruled. The Generals view me as an enemy of their State and must deal with me by whatever means since they have the power, he said. They have tried legal means and they have not worked; now they are trying illegal ones. Besigye, who lost last months presidential election to incumbent Yoweri Museveni, said, Eventually the forces of oppression will lose. I have never seen them sustain their oppression anywhere in the world. So, the question is how long will they continue? In the end it will be resolved in favour of those who a re struggling for their rights and for democracy. At what cost and with what intervening difficulties, I cant determine. |
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