Statement Expressing Concern Over Uganda’s Arrest and Conviction of Human Rights Lawyer Eron Kiiza

REPORT

NEW YORK CITY BAR ASSOCIATION EXPRESSES GRAVE CONCERN OVER UGANDA’S ARREST AND CONVICTION OF HUMAN RIGHTS LAWYER ERON KIIZA

The New York City Bar Association[1] (the “City Bar”) is deeply concerned about the Ugandan government’s detention and the summary conviction by a military court martial of Ugandan human rights lawyer Eron Kiiza. The arrest, summary trial, and nine-month prison sentence imposed on Eron Kiiza[2] by a military tribunal raise serious concerns about the infringement of legal professionals’ rights and broader implications for the rule of law in Uganda.

On January 7, 2025, Ugandan military officials denied Mr. Kiiza entry to the court to represent his client at the General Court Martial in Kampala, Uganda’s capital. Mr. Kiiza was at the military court for a hearing in the case of his client, political opposition activist Dr. Kizza Besigye.[3] Mr. Kiiza tried to explain that he was a member of the defense team and was scheduled to be in court, but military officials denied him access to his client. Instead, they forcibly[4] removed him from the court, detained him in an undisclosed location, and returned him to the court later that day, where he was summarily convicted of contempt of court without formal charges or a fair hearing and sentenced to nine months imprisonment. He was immediately transferred to Kitalya Prison, located 34 miles from Kampala. Reports[5] indicate that soldiers hit and physically assaulted Mr. Kiiza while removing him from the courtroom and subsequently during his detention, resulting in significant injuries.

Mr. Kiiza is one of a team of lawyers[6] representing Dr. Besigye, a prominent opposition figure and former presidential candidate, who alleges that Ugandan officials extrajudicially abducted him[7] from Nairobi, Kenya, on November 16, 2024, and took him[8] to Uganda. He has been charged[9] with security-related offenses, unlawful possession of firearms, and treachery before a military tribunal, despite being a civilian.

The trial of civilians in military courts[10] contravenes international human rights standards and Uganda’s own constitutional provisions. A 2022 Constitutional Court ruling[11] in Uganda deemed the trial of civilians in military courts illegal and underscored the need for the Ugandan justice system to adhere to due process and fair trial standards. Even if Dr. Besigye were lawfully subject to a military tribunal’s jurisdiction—and to be clear, as a civilian, he is not—there is even less justification for the exercise of military jurisdiction over his lawyer pursuing his client’s legal rights.

The Ugandan government’s unjust treatment of Dr. Besigye’s attorney appears punitive in nature and contravenes national laws as well as Uganda’s obligations under regional and international legal frameworks. Uganda’s Constitution[12], its Advocates Act[13], and its Prevention and Prohibition of Torture Act[14] 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.

Uganda’s actions also 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[15] mandate the protection and independence of legal professionals such as Mr. Kiiza, while the African Charter on Human and Peoples’ Rights (ACHPR)[16] guarantees personal liberty and security, prohibits arbitrary arrest and detention, and ensures fair trial rights, which Mr. Kiiza was denied.

Internationally, Uganda is bound by legal obligations such as the International Covenant on Civil and Political Rights (ICCPR),[17] 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),[18] which obligates the prevention and punishment of torture; and the United Nations Basic Principles on the Role of Lawyers,[19] 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 Association calls on the Ugandan authorities to:

• Immediately release Eron Kiiza and ensure his safety and well-being.
• Cease the practice of trying civilians in military courts, in line with national and international legal standards.
• Uphold the rule of law by ensuring that legal professionals can perform their duties without fear of harassment, intimidation, or unlawful detention.
• Conduct a thorough and impartial investigation into the alleged abduction and unlawful extradition of Dr. Kizza Besigye, ensuring that his rights are fully protected.
• 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 unique function, they are accorded special protection under 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 stands in solidarity with Ugandan lawyers and human rights defenders advocating for justice and the rule of law.

Cyrus R. Vance Center for International Justice
Alexander Papachristou, Executive Director
Adaobi Egboka, Africa Program Director

African Affairs Committee
Melissa Verpile, Chair

Task Force on the Independence of Lawyers and Judges
Christopher Pioch, Chair

Council on International Affairs
Peggy McGuinness, Chair

International Human Rights Committee
Suchitra Vijayan, Chair

January 2025