Condemning the Arbitrary Arrest, Abduction, and Unlawful Detention of Human Rights Lawyer Erias Lukwago

Lead Counsel for Dr. Kizza Besigye and Haji Obeid Lutale in the High Court of Uganda Treason Trial

The New York City Bar Association is deeply concerned about credible allegations of arbitrary arrest, abduction, and unlawful detention amounting to conduct consistent with an enforced disappearance, directed against Mr. Erias Lukwago, a prominent human rights attorney currently representing leading members of the Ugandan political opposition. Mr. Lukwago was detained by the Special Forces Command of the Ugandan Peoples’ Defense Forces (UPDF). Mr. Lukwago’s abduction constitutes yet another example of the continuing intimidation of lawyers and judges in Uganda and has broader negative implications for the rule of law in Uganda.

On June 15, 2026, members of the Special Forces Command of the UPDF forced themselves into Mr. Lukwago’s private residence in the Wakaliga neighborhood of the Lubaga Division of Kampala, detained him, and removed him to an undisclosed location. These soldiers were acting at the direction of General Muhoozi Kainerugaba, Chief of the Defense Forces of the UPDF and son of Uganda’s President Yoweri Museveni.[1]

According to the affidavit of Mr. Lukwago’s wife, the operatives failed to present an arrest warrant, identify themselves, or communicate any offense for which Mr. Lukwago was being arrested.[2]

Mr. Lukwago is currently serving as lead counsel to Dr. Kizza Besigye and Haji Obeid Lutale, in their ongoing treason trial in the High Court of Uganda – a trial that is widely considered to be politically motivated.[3] According to Dr. Besigye, a prominent opposition figure and former presidential candidate, Ugandan officials extrajudicially abducted him from Nairobi, Kenya in late 2024, and transported him to Uganda to illegally face a military tribunal.

Mr. Lukwago also represents Dr. Besigye in another related case, concerning multiple death threats against Dr. Besigye made by General Kainerugaba on social media platforms.[4] In connection with this matter, Mr. Lukwago was preparing to serve a court summons on General Kainerugaba. The same day that Mr. Lukwago was detained, General Kainerugaba publicly stated on the social media platform X that he would arrest anyone attempting to serve him with court papers and posted that he had ‘captured a fool and taken him to the basement.’[5] General Kainerugaba then posted images of Mr. Lukwago blindfolded and in an undisclosed location and boasted that he was ‘proud of all of the hurt and pain’ he would inflict on Mr. Lukwago.[6] Mr. Lukwago has since been charged with misprision of treason (failure to report treason), and has been remanded in custody.[7]

The UPDF’s unlawful treatment of Mr. Lukwago constitutes blatant retaliation for him carrying out his professional responsibilities and duties and contravenes national laws as well as Uganda’s obligations under regional and international legal frameworks.

The arbitrary arrest, abduction, unlawful detention, and credible allegations of ill-treatment of Mr. Lukwago[8] highlight a worrying trend and democratic decline in Uganda,[9] with increased military interference in civilian affairs, carried out with impunity. Mr. Lukwago’s family and legal team have reported that he was beaten during transport to an undisclosed location and held incommunicado. There are also serious concerns regarding Mr. Lukwago’s health: lawyers appearing on his behalf have reported worsening spinal complications, a weakened immune system, and exposure to tuberculosis[10] at Murchison Bay Prison, where he is being held.[11] Moreover, the detention of counsel – here, Mr. Lukwago – during active proceedings interferes with the rights of the accused and may amount to an obstruction of justice. This is not merely an individual rights violation; it is an institutional crisis affecting the rule of law and the administration of justice in Uganda.

Of particular concern is the very nature of the charge against Mr. Lukwago. The misprision of treason charge alleges that Mr. Lukwago failed to report information he allegedly obtained in the course of his professional duties as defense counsel. His legal team has explained that such information is protected by lawyer-client privilege and that criminalizing lawyer-client communications fundamentally undermines the right to legal representation and the fairness of criminal proceedings. The Uganda Law Society has described Mr. Lukwago’s prosecution as a gross abuse of process, underscoring that serving court documents or vigorously defending a client in a high-profile political trial does not, and cannot, constitute misprision of treason. The New York City Bar Association strongly concurs: the charging of defense counsel on the basis of information obtained in the course of their professional duties constitutes a direct attack on the attorney-client relationship and on the constitutional right of every accused person to effective legal representation.

In June 2025, the Uganda Peoples’ Defense Forces (Amendment) Act was signed into force, with provisions allowing civilians to be tried in military courts. This followed and was apparently intended to counter the previous striking down by the Uganda Supreme Court of a similar law under which civilians were being subjected to military criminal jurisdiction.[12] The military has consistently obstructed lawyers from adequately representing clients subjected to military trials in Uganda, including prior counsel to Dr. Kizza Besigye, Mr. Eron Kiiza, who was charged with and convicted of contempt of court in a military court and sentenced to nine months’ imprisonment.

Mr. Lukwago’s case has drawn widespread condemnation from the legal community and civil society. The East African Law Society[13] has denounced his arrest as unlawful and inhumane.[14] The Uganda Law Society and the Law Society of Kenya have strongly decried the arrest and prosecution, describing it as an attack on the legal profession and the administration of justice and warning of a chilling effect on lawyers representing clients in politically sensitive cases. The Commonwealth Lawyers Association similarly condemned the detention, stating that targeting defense lawyers through arrest because of their work for a client strikes at the heart of judicial independence and the right to a fair trial.[15] The Uganda Law Society President wrote directly to the Director of Public Prosecutions, copied to the Chief Justice and the Attorney General, demanding the immediate and unconditional withdrawal of all charges.

The Council of Bars and Law Societies of Europe – representing more than one million lawyers across 46 countries – wrote directly to President Museveni on June 24, 2026, calling on Ugandan authorities to clarify the legal basis for Mr. Lukwago’s detention, ensure his ability to continue his legal work without obstruction, and uphold the United Nations Basic Principles on the Role of Lawyers.[16] In a further escalation, the Uganda Law Society declared a nationwide lawyers’ strike on June 26, 2026[17] – World Anti-Torture Day – after issuing a 24-hour ultimatum to the authorities demanding Mr. Lukwago’s immediate release. The case – and the wider crackdown of which it forms part – has been widely covered in regional and international media as emblematic of a deepening and accelerating assault on the rule of law, the independence of the legal profession, and freedom of expression in Uganda.[18]

On June 22, 2026, Hon. Martha Karua, SC – Mr. Lukwago’s co-lead counsel and former Kenyan Cabinet Minister for Justice and Constitutional Affairs – was detained and deported from Entebbe International Airport upon her arrival in Uganda to attend court proceedings in Mr. Lukwago’s case.[19] Uganda declared her persona non grata, a development that has been widely denounced as a further and egregious interference with the right to counsel[20] and the administration of justice.[21]

On June 23, 2026, Chief Magistrate Sarah Anne Basemera denied bail to Mr. Lukwago in an electronic ruling,[22] finding that the ongoing nature of the investigations, together with Mr. Lukwago’s acknowledged public influence and the circumstances of the case, weighed against his release at this stage of the proceedings.[23] The court nevertheless ordered the Officer in Charge of Murchison Bay Prison and the Commissioner General of Prisons to facilitate Mr. Lukwago’s referral to Mulago National Referral Hospital within 24 hours for a comprehensive medical assessment and treatment.[24] Mr. Lukwago was expected to be produced in court on June 30, 2026, but the proceedings were adjourned to July 7, 2026, because he is undergoing specialized medical investigations and treatment.[25]

The crackdown has since widened dramatically beyond the legal profession. On the night of June 28, 2026, General Kainerugaba ordered the forced closure of at least six major media outlets,[26] including the Daily Monitor newspaper, NTV, Spark TV, Dembe FM, KFM, and The East African – all part of the Nation Media Group – with soldiers deployed to their Kampala premises. General Kainerugaba declared on X: ‘I have the power in Uganda to shut down ANY media house I want to. From now on ALL media in Uganda will follow the rules.’ No legal basis, formal instrument, or gazette notice was cited for the closures. The National Association of Broadcasters described the shutdowns as a serious blow to Uganda’s media ecosystem.[27] Amnesty International called the closures emblematic of ‘an unchecked and unjust campaign of harassment and intimidation of independent media and civil society.’

The Chairman of the United States Senate Foreign Relations Committee called on the U.S. to review its security relationship with Uganda, stating that General Kainerugaba’s attacks on freedom of expression, including the forced closure of major media outlets, make him and the UPDF ‘unfit partners’ for the United States.[28]

In parallel, on June 24, security forces raided the home of Dr. Miria Matembe, a former Minister of Ethics and Integrity and one of the architects of Uganda’s 1995 Constitution, who had publicly criticized General Kainerugaba’s human rights record.[29] After spending two days in hiding, Dr. Matembe was arrested on June 28. General Kainerugaba personally confirmed her detention on X. The Uganda Law Society formally wrote to the Inspector General of Police seeking clarification of Dr. Matembe’s whereabouts and legal status.[30] On the same day, two civil society lawyers – Dr. Sarah Bireete, Executive Director of the Centre for Constitutional Governance, and Eunice Musiime, Executive Director of the Alliance for Women Advocating for Change – were also arrested at Musiime’s residence and held for questioning before being released.[31] In a further legal escalation, forty lawyers from twelve law firms filed a human rights enforcement action in the High Court of Uganda on June 29, 2026, directly challenging General Kainerugaba’s conduct – including the abduction of Mr. Lukwago and the deportation of Hon. Karua – as unconstitutional violations of the right to counsel and the fair administration of justice.

Articles 23 and 24 of the Constitution of Uganda protect the right to personal liberty, establish conditions for lawful arrest and detention, and prohibit torture and inhuman and degrading treatment by state actors and others. Uganda’s Prevention and Prohibition of Torture Act criminalizes torture and ill-treatment by state actors and others, while the Criminal Procedure Code Act regulates powers and procedures for arrest and detention. Uganda’s Constitution, its Advocates Act, and its Prevention and Prohibition of Torture Act collectively protect the right to personal liberty, set conditions for lawful arrest and detention, safeguard the professional independence of lawyers, and criminalize torture and ill-treatment by state actors or others. In particular, under Article 208(2) of the Constitution, the UPDF is subordinate to civilian authority and cannot intimidate, threaten, or arrest lawyers performing their professional duties. Detaining defense counsel during a trial also contravenes the constitutionally protected right of the accused to a fair trial.

Uganda’s actions in this case similarly contravene its responsibilities under regional frameworks and international law. Regionally, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa mandate the protection and independence of legal professionals such as Mr. Lukwago, while the African Charter on Human and Peoples’ Rights (ACHPR) guarantees personal liberty and security, and prohibits arbitrary arrest and detention. Internationally, Uganda is bound by legal obligations such as the International Covenant on Civil and Political Rights (ICCPR), which prohibits arbitrary arrest, detention, and violations of fair trial standards; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which obligates the prevention and punishment of torture; and the United Nations Basic Principles on the Role of Lawyers, which protect lawyers from harassment, interference, and intimidation, and emphasize that lawyers must be free to represent their clients without fear of reprisals.

The New York City Bar has previously expressed grave concern about the obstruction of lawyers through military impunity in Uganda, after the conviction of Mr. Eron Kiiza, calling on the government of Uganda to uphold its international human rights obligations and to refrain from targeting lawyers carrying out their duties as representatives.[32]

The New York City Bar Association calls on the Ugandan authorities to:

• Respect the due process rights of Mr. Erias Lukwago, secure his immediate release, and guarantee his safety and well-being – including access to appropriate medical care – and the safety and well-being of his family members.
• Immediately and unconditionally withdraw the misprision of treason charge against Mr. Lukwago, which criminalizes the exercise of his professional duties as defense counsel and is incompatible with the right to legal representation and the principle of lawyer-client privilege.
• Uphold the rule of law by guaranteeing that legal professionals can perform their duties without fear of harassment, intimidation, or unlawful detention.
• Conduct a thorough and impartial investigation into the abduction and unlawful detention of Mr. Lukwago, including credible allegations of ill-treatment, and ensure that his rights are fully protected.
• Immediately reverse the declaration of Hon. Martha Karua, SC as persona non grata and allow her to return to Uganda to fulfill her professional obligations as co-lead counsel, and ensure that Mr. Lukwago, Hon. Karua, and other members of their legal team are not threatened, targeted, or impeded in their representation of Dr. Besigye and Haji Lutale.
• Ensure that all allegations of abduction, unlawful detention, and extrajudicial transfer are subject to thorough and impartial investigation, and that the rights of all persons deprived of their liberty are fully protected.
• Immediately release Dr. Miria Matembe and all other individuals arbitrarily arrested in connection with the current crackdown, and ensure that civil society leaders and human rights defenders are free to carry out their work without fear of reprisal.
• Immediately reopen all media outlets closed on June 28, 2026, and refrain from any further interference with freedom of the press and freedom of expression.
• Engage and cooperate fully with relevant international and regional human rights mechanisms, including the UN Special Rapporteur on the Independence of Judges and Lawyers, the UN Special Rapporteur on Torture, and the African Commission on Human and Peoples’ Rights, in light of the reported targeting of Mr. Lukwago while carrying out his professional duties as defense counsel and the credible allegations of ill-treatment during his detention, with a view to ensuring independent monitoring, accountability, and protection of the rule of law.
• Uphold international and constitutional obligations to respect, protect, and promote the rights of all citizens, including legal professionals and human rights defenders.

Legal practitioners play a unique and vital role in society. In recognition of this important function, they are accorded special protection under national, regional, and international law. These rights, and the independence of the judiciary, are cornerstones of a just society and must be defended. The New York City Bar Association strongly condemns the illegal arrest, abduction, and detention of Mr. Lukwago and stands in solidarity with Ugandan lawyers and human rights defenders advocating for justice and the rule of law.