Political actors and lawyers are accusing the government of turning a capital offence of terrorism into a political tool to silence dissent.
These argue the charges are not preferred judiciously because no political face has been convicted on the same.
However, the government maintains the strength of suspicion is what informs arrests.
Terrorism is a capital offence punishable by life imprisonment, according to the Anti-Terrorism Act 2002.
Section 7 of the Act defines terrorism to include unlawful importation, sale, making, manufacture or distribution of firearms, explosives, ammunition.
Not just this, aiding or abetting or financing preparation or instigation of terrorism is an internationally feared crime.
While capital in nature, reservations on the charge are increasing with many viewings it as a political tool to settle score.
“These charges have been preferred on Dr Kizza Besigye and since they are being used to settle political scores,” says Nicholas Opiyo, a lawyer and human rights activist.
“It’s a weapon for government. So there is trivialisation and weaponisation for political reasons.”
George Musisi, a lawyer who has defended individuals on charges of terrorism, recognises hardships in trial of the charge to conviction.
He says the rate at which it is being preferred on political opponents is worrying.
“Terrorism is such a hard, tricky charge with a lot of limitations and once you’re charged with that, even bail is hard to get,” Musisi says.
“Over time its sanctity here will die out. You haven’t successfully convicted anybody in the political arena but you continue to charge them. If not witch-hunt what is that?”
The two lawyers argue the consistent charging of terrorism to political actors without conviction has turned the case into a mask of incompetence.
While these accuse the DPP of not evaluating the sanctioning of terrorism and acting with a political lens, Information Chris Baryomunsi denies influence to the DPP.
“As government, we can’t choose laws to fight opponents. And in any way DPP is independent so we can’t use them to settle political differences,” Baryomunsi says.
But the Opiyo says the DPP needs to ask tough and difficult questions before preferring the charges of treason and terrorism.
“By the look of it, there is influence from the state,” says Opiyo.
Minister Baryomunsi said that while none of the political actors has been convicted, they are arrested on the basis of suspicion.
He affirms the government does not use the charge to damage its opponents.
“Let political actors not hide behind parties and politics not to be arrested when they commit crimes,” he said.
Political actors charged with terrorism but not convicted
Several opposition political leaders in Uganda have faced charges of terrorism and treason concurrently.
Former presidential candidate and Opposition leader Dr Besigye was charged with terrorism in 2005 and the Constitutional Court trashed the same in 2010 with judges terming it as a waste of time.
In 2021, the government again dropped charges of treason against Dr Besigye which had been preferred in 2016 when he conducted a parallel swearing-in ceremony.
National Unity Platform principal Robert Kyagulanyi, alias Bobi Wine, was charged with terrorism in 2018 and later in August 2018 the charges were dropped.
Micheal Kabaziguruka, a former MP for Nakawa Division, was charged with treason in 2012 and but the charges were later dropped.
Francis Mwijukye, now a member of Parliament for Buhweju County, was charged with treason along Ingrid Turinawe and among others for plotting to overthrow government in 2011.
Also, Mityana Municipality MP Francis Zaake was charged with treason in 2018 while MPs Allan Ssewanyana of Makindye West, Muhammed Ssegirinya of Kawempe North and 11 NUP supporters are awaiting trial on terrorism charges.
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Publish date : 2024-08-09 12:43:52