The Committee on Human Rights has raised serious concerns about the detention conditions of Opposition Leader, Dr Kiiza Besigye and his co-accused Hajji Obed Lutale Kamulegeya.
In a report presented by the Chairperson, Hon. Fox Odoi-Oywelowo on Tuesday, 28 January 2025, the committee raised concerns on the treatment and safety of detainees despite improvements in prison infrastructure.
The committee visited Luzira Maximum Security Prison on 24 January 2025 following a directive from Parliament to investigate the conditions under which Dr Besigye and Hajji Lutale are being held.
The two are facing trial in the General Court Martial.
Odoi-Oywelowo said that Dr Besigye acknowledged improvements in prison conditions with availability of running water, waterborne toilets, and the abolition of the bucket system. It was reported that he also acknowledged the painting of the walls and general maintenance of the facility.
The committee added that Besigye had however, expressed deep concerns about his personal safety.
“I feel safer here compared to other detention facilities, but I am still in fear of being poisoned or harmed,” the report of the committee quoted Dr Besigye who they said described his detention as being in a “prison within a prison,”.
The committee chairperson also reported that Besigye was concerned about the unexplained late-night activities, such as padlocks being opened and closed without explanation adding that he wasn’t safe in that environment.
The report identified Dr Besigye’s solitary confinement as a major issue where they say he is prohibited from interacting with other inmates or attending communal prayers, restrictions they say he described as a violation of his rights.
AUDIO Odoi-Oywelowo
The Uganda Human Rights Commission, in its submission to the committee, warned that excessive solitary confinement violates human rights due to its detrimental effects on mental health.
The Commissioner General of the Uganda Prisons Service, Johnson Byabashaija in an earlier meeting with the committee, defended the isolation saying that it is necessary for Dr Besigye’s safety and to prevent him from inciting other prisoners.
However, members of the committee expressed concern that such measures may be overly punitive.
The report of the committee also reveals that Dr Besigye does not consume prison-provided meals, fearing potential poisoning but was receiving food from three authorised suppliers which he prepares himself for security reasons.
A minority report, authored by Erute County South representative, Hon. Jonathan Odur and other dissenting members described Dr Besigye’s treatment as a gross violation of his human rights.
“The isolation of Dr Besigye is excessive and unjustified. He is not allowed to interact with other inmates or attend communal prayers, which is contrary to Section 57(C) of the Prisons Act, 2006. This is a clear violation of his rights,” Odur said.
The minority report also highlighted Dr Besigye’s fears of being killed while in custody.
“Dr Besigye fears that the state, which is both the complainant and prosecutor in his case, has control over the prison and could harm him,” Odur said.
Hon. Emmanuel Ongiertho (Jonam County) warned the government about the potential repercussions of Dr Besigye’s detention conditions.
“If you release Besigye today and he dies tomorrow, people will hold the government responsible,” Ongiertho cautioned.
Dr Timothy Batuwa (FDC, Jinja South Division West) suggested that Dr Besigye, as a high-profile figure should instead be placed under house arrest.
“He is a gentleman respected and loved by Ugandans. Being locked up five doors into a prison raises significant safety concerns,” Batuwa said.
The Leader of the Opposition, Hon. Joel Ssenyonyi condemned the treatment of Dr Besigye as punitive and politically motivated.
“These political prisoners are treated as though they are already guilty. This is why there is resistance to granting police bond,” Ssenyonyi argued.
Butiru County MP, Hon. Godfrey Wakooli however, said that some matters around Besigye’s detention are exaggerated.
“Because they wanted to safeguard his life, they said as prisons, ‘we are not going to allow all these people that we do not trust to bring food for Besigye’, the only idea was for them to buy food from their stores,” he said.
The House adopted both reports save for a proposal in the minority report that the trial of Besigye in the General Court Martial should be halted.
The Deputy Attorney General, Hon. Jackson Kafuuzi advised that the Supreme Court will rule on the matter.
