High Court Judge Singiza accused of violating Besigye’s rights, continued detention

Kampala, (UG):- The Uganda Law Society (ULS) has strongly castigated High Court Judge Dr Douglas Karekona Singiza for having a hand in the continued detention of veteran opposition leader Rtd Col Dr Kizza Besigye, despite a Supreme Court ruling that nullified military trials for civilians.

In a statement released Monday, February 17, 2025, ULS Vice President Anthony Asiimwe accused Judge Singiza of arbitrarily delaying Besigye’s habeas corpus petition, effectively denying him justice and contravening constitutional provisions.

A Habeas Corpus Petition is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.

The Supreme Court’s landmark ruling in Attorney General v. Hon Michael Kabaziguruka, Constitutional Appeal 2 of 2021, had rendered the charges against Besigye and other civilians in military courts null and void, prompting calls for his immediate and unconditional release.

The Radical New Bar says the judgement by the Supreme Court struck down provisions in the Uganda People’s Defence Forces (UPDF) Act that had previously created offenses under which civilians, including Besigye, were charged which means the four-time presidential candidate should have been freed already without delay.

“Consequently, there is no trial to transfer to civilian courts, and the Director of Public Prosecutions has no basis to take over the case. Dr. Besigye is therefore entitled to immediate and unconditional release,” the ULS statement read in part.

But Asiimwe says Judge Singiza in his capacity and position as the High Court has “arbitrarily denied Dr. Besigye’s habeas corpus petition an expeditious hearing,” despite the legal principle that such applications should take precedence over other court matters.

“Regrettably, High Court Judge Dr. Douglas Karekona Singiza has arbitrarily denied Dr. Besigye’s habeas corpus petition an expeditious hearing, contravening the Constitution and the law. This is not an isolated incident, as Judge Singiza has also denied an expeditious hearing to a similar petition by the ULS on behalf of its member, Adv Eron Kiiza,” Asiimwe noted, condemning the Judge’s judicial record marred by a pattern of rights violations.

Additionally, Singiza is also accused of having a history of sanctioning human rights abuses, including the reported torture of novelist and government critic Kakwenza Rukirabashaija, who fled into exile after his ordeal.

“It is axiomatic that habeas corpus applications take precedence over all other business of the court. Judge Singiza’s conduct is particularly troubling, given his history of sanctioning human rights abuses, including the torture of Kakwenza Rukirabashaija, which led to the latter’s exile.”

The ULS therefore called on the Judiciary’s leadership to take disciplinary action against Judge Singiza for his “blatant disregard for the law and human rights” and urged the international community to hold Uganda accountable for its human rights obligations.

“Accordingly, we urge the Judiciary Leadership to take immediate action to address this grave injustice, including reviewing Judge Singiza’s conduct and taking disciplinary action against him for his blatant disregard for the law and human rights. The international community must also hold Uganda accountable for its human rights obligations and ensure that justice is served,” the statement concluded.

Besigye’s Woes and Political Fallout

Besigye, a four-time presidential candidate and longtime critic of President Museveni, has faced multiple arrests and prosecutions throughout his political career. His latest detention, stemming from his outspoken activism, has fueled public outcry, with opposition leaders and civil society groups calling for his immediate release.

The Supreme Court ruling that declared military trials for civilians unconstitutional had been seen as a victory for human rights and his unconditional release, but more than two weeks later, the delay in enforcing this decision has led to renewed concerns over judicial independence and selective application of justice.

While Uganda Prisons maintains that Besigye is in good health and receiving adequate medical care, his supporters strongly contest this claim, pointing to his visibly weakened state in court.

On Sunday, he was transported under tight security to a medical facility at Bugolobi Village Mall for urgent treatment. According to Buhweju County MP Francis Mwijukye, Besigye arrived at the clinic on the third floor of the mall in a wheelchair.

Security forces have since heavily deployed around the facility, restricting access and movement. Medical staff at The Clinic, where Besigye reportedly received treatment, declined to comment, citing patient confidentiality. After undergoing medical attention, he was later returned to Luzira Prison.

With pressure mounting from legal bodies, civil rights groups, and opposition activists, all eyes are now on the Ugandan judiciary to see whether it will act on the concerns raised by the Law Society to ensure Dr Besigye’s immediate release.