The Independent Uganda: You get the Truth we Pay the Price
KAMPALA, Uganda | THE INDEPENDENT | Eron Kiiza, the lawyer of Dr. Kizza Besigye, who was recently convicted and sentenced to nine months in prison for contempt, has vowed not to apologize to the general court-martial to secure his freedom. In an interview with Uganda Radio Network from Kitalya Min Max Prison, where he is currently serving his sentence, Kiiza stated that instead of apologizing, the military should be the one to apologize to him.
“I was tortured badly by the military when they detained me at the General Court Martial. It is they who have to apologize for violating my rights. That option of apologizing to them is totally off the table,” Kiiza said. He confirmed that indeed, the President of the Uganda Law Society Isaac Ssemakadde had visited him in prison and told him they were trying to engage the system at the highest level to see that Kiiza is released and all he had to do was apologize for his conduct and the case will go away.
“He was here and brought me this diary and he asked me to apologize to the leadership of the army. Of course, he didn’t say to Gen. Muhoozi Kainerugaba, but it’s obvious that that’s what he meant,” Kiiza said. Ssemakadde, has refused to be dragged into the debate that he asked Kiiza to apologize.
In a statement issued on Monday, Ssemakadde said the Uganda Lawyer Society is working hard to see that Kiiza is released. “We strongly denounce the false allegations and misinformation circulating about Kiiza’s imprisonment. The Uganda Law Society has been working tirelessly to address the situation, and it is essential to rely on credible sources rather than speculation and rumours.
The ULS has instituted three fact-finding delegations to investigate the circumstances surrounding Kiiza’s incarceration. These delegations aim to assess the situation, explore potential remedies, and ensure that the rights of Eron Kiiza and all other advocates appearing before the military courts are protected,” Ssemakadde’s statement reads in part. It also condemns what it calls self-seekers and provocateurs who are exploiting the situation for their gain.
“Their reckless and irresponsible actions are causing harm to Kiiza, his family, the Uganda Prisons Service, the ULS, and the broader community.” On January 7, the Court Martial presided over by its chairman Brig. Freeman Mugabe found Kiiza, who together with others was representing Dr Kizza Besigye and his political associate Hajji Obeid Lutale Kamulegeya, guilty of contempt of court and sentenced him to nine months imprisonment at Kitalya.
Kiiza had been blocked from accessing the bar by soldiers in the court. When he insisted that he was part of the legal team and that he should be allowed access, he was instead arrested and later sentenced. Speaking to URN, Kiiza said the arrest and sentence were not only illegal because he was in court to represent his client but also because he was never subjected to due process.
“I was sentenced without being heard. Although we are contenting the legality of the Court Martial from trying civilians, I believe sentencing me to nine months imprisonment, is a step too far,” Kiiza said. Asked about his options so far, Kiiza said, there are currently three options they are pursuing.
“We are going to appeal this decision in the Court Martial Appeal Court, we are filing a human rights enforcement application which is being worked on by Prof. Christopher Mbaziira, and also Dr Busingye Kabumba is leading a group that is filling a constitutional petition,” Kiiza said adding that all his options are through the legal system and not negotiating with anybody.
“I Eron Kiiza, can’t negotiate with anybody over my rights,” Kiiza said. On the condition in jail, Kiiza who said is currently recovering from his torture said he is being treated well by the prison warders. “I have a room which I share with three other inmates. Each of us has got a mattress of their own, I’m also allowed to access books if they are not political,” Kiiza said.
He also added that he is allowed to see the many visitors that come to see him. When URN visited Kitalya, there were at least more than 25 people who had come to see Kiiza. These ranged from politicians, lawyers, family members, activists, friends among others. However, although Kiiza is allowed visitors, there is a limit to the time they can interact with him.
For example, despite the URN reporter arriving at Kitalya at midday, he and about 20 other people he found waiting, were not able to see Kiiza until 4:45 pm. Even after allowing them to see Kiiza, they were altogether told they had only five minutes with him.
This was different from other visitors who would talk to inmates for over an hour. Kiiza who looked thinner than before his imprisonment, was putting on the infamous yellow short-sleeved shirt and shorts prison uniform said he was still very strong and that his situation has not moved him an inch from defending people’s rights. “I still maintain, the Court Martial has no jurisdiction to try civilians and we shall continue challenging it,” Kiiza said.
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