UGA 001 / 0125 / OBS 003
Arbitrary detention /
Judicial harassment /
Torture and ill treatment
Uganda
15 January 2025
The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uganda.
Description of the situation:
The Observatory has been informed about the arbitrary detention, judicial harassment and acts of torture and ill-treatment against Mr Eron Kiiza, a lawyer involved in numerous public interest cases, and an advocate of human rights, environmental protection and the rule of law in Uganda.
On 7 January 2025, Eron Kiiza was violently arrested by a soldier while entering the courtroom of the General Court Martial in Makindye, where he was representing, in his capacity as lawyer, political opponent Dr Kizza Besigye and his aide Obeid Lutale during their trial [1]. Mr Kiiza was then taken to an unknown location for several hours, during which he was beaten.
Mr Kiiza reappeared a few hours later before the General Court Martial and was convicted for “contempt of court” and immediately sentenced to nine months in prison, without being given an opportunity to defend himself, nor to have a legal representation, which violates due process and fair trial standards. Furthermore, under Sections 171(2) and 214(9) of the Uganda Peoples’ Defence Forces (UPDF) Act Cap. 330, a court martial may only order a maximum prison term of 30 days against a lawyer for contempt of court committed within its jurisdiction. The nine-month sentence handed down by the military court to Mr Kiiza thus constitutes a violation of international, constitutional and Ugandan domestic law.
After the verdict, Mr Kiiza was immediately transferred to Kitalya Government prison, Busiro County, Wakiso District, where he is still arbitrarily detained at the time of publication of this Urgent Appeal.
According to his colleagues who were able to visit him in prison on 8 January 2025, Eron Kiiza showed several signs of torture, and most of his body parts, particularly joints, knees, nails, knuckles and head, were swollen.
The Observatory strongly condemns the arbitrary detention, judicial harassment and acts of torture and ill-treatment against Eron Kiiza, which appear to be aimed only at restricting his freedom of expression and hindering his legitimate activities as a human rights lawyer. Persistent reports of arbitrary arrests and detentions by security forces targeting lawyers and human rights defenders were outlined in the United Nations Human Rights Committee 2023 concluding observations on the second periodic report of Uganda, demonstrating a worrying trend.
The Observatory urges the Ugandan authorities to immediately release Eron Kiiza, to quash the conviction against him and to put an end to any act of harassment, including at the judicial level, and any act of intimidation against him, as well as against all human rights lawyers and human rights defenders in the country.
The Observatory further calls on the Ugandan authorities to carry out an immediate investigation into the acts of torture and ill-treatment against Eron Kiiza, and bring the perpetrators to justice in accordance with international human rights standards. The United Nations Committee against torture has already expressed in 2022 deep concerns that torture and ill-treatment were widespread and frequently practised in Uganda, and recommended the immediate suspension of suspected perpetrators from duty while investigations are carried out.
The Observatory also calls on the authorities in Uganda to guarantee that all lawyers in the country are able to carry out their legitimate professional activities without fear of reprisals, and free of all undue restrictions, in compliance with the United Nations Basic Principles on the Role of Lawyers, adopted in Havana in 1990.
Action required:
Please write to the Ugandan authorities asking them to:
i. Guarantee in all circumstances the physical integrity and psychological well-being of Eron Kiiza and all human rights defenders in Uganda;
ii. Immediately and unconditionally release Eron Kiiza, as his detention is arbitrary and seems to be only aimed at hindering his legitimate work as a lawyer;
iii. Quash the conviction against Eron Kiiza, put an end to all acts of harassment - including judicial harassment - against him and guarantee his fundamental rights to due process and fair trial ;
iv. Carry out an immediate, thorough and impartial investigation into the acts of torture and ill-treatment against Eron Kiiza, while ensuring his protection, and bring the perpetrators to justice in accordance with international human rights standards and concluding observations of United Nations treaty bodies;
v. Guarantee, in all circumstances, that all lawyers in Uganda are able to carry out their legitimate professional activities without fear of reprisals, and free of all undue restrictions, including judicial harassment, arbitrary arrest, deprivation of liberty or other arbitrary sanctions, in compliance with the United Nations Basic Principles on the Role of Lawyers.
Addresses:
• Mr Kaguta Yoweri Museveni, President of the Republic of Uganda, E-mail: museveni@starcom.co.ug / aak@statehouse.go.ug, Twitter: @KagutaMuseveni
• Ms Robinah Nabbanja, Prime Minister of the Republic of Uganda, Email: ps@opm.go.ug, Twitter: @RobinahNabbanja
• Mr Jeje Odongo, Minister of Foreign Affairs of the Republic of Uganda, Twitter: @UgandaMFA
• Hon. Norbert Mao, Minister of Justice and Constitutional Affairs of Uganda, Email: info@jlos.go.ug / info@justice.go.ug
• Hon. Kiryowa Kiwanuka, Attorney General of Uganda, Email: info@jlos.go.ug / info@justice.go.ug
• Ms. Jane Frances Abodo, Director of Public Prosecutions, Ministry of Justice and Constitutional Affairs of Uganda, Email: admin@dpp.go.ug
• Ms. Mariam Fauzat Wangadya, Chairperson, Uganda Human Rights Commission, Email: uhrc@uhrc.ug
• H.E. Mr. Marcel Robert Tibaleka, Permanent Mission of Uganda to the United Nations in Geneva, Switzerland, Email: chancery@ugandamission.ch
• H.E. Mirjam Blaak Sow, Embassy of Uganda to the EU in Brussels, Belgium. Email: ugembrus@brutele.be, info@ugandamission-benelux.org
Please also write to the diplomatic representations of Uganda in your respective countries.
***
Paris-Geneva, 15 January 2025
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
• E-mail: alert@observatoryfordefenders.org
• Tel FIDH: + 33 (0) 1 43 55 25 18
• Tel OMCT: + 41 22 809 49 39
