Besigye challenges legality of preventive detention
Dr Besigye (C) with his supporters after he was released from Kasangati Police station yesterday. PHOTO BY ISAAC KASAMANI
Forum for Democratic Change leader Kizza Besigye, has gone to the Constitution Court, challenging the legality of various laws the police used to incarcerate him at his Kasangati residence for over a week to prevent him from participating in the phase two of walk-to-work protests.
This constitutional petition comes a few days after the Kasangati Grade One magistrate Jessica Chemeri held that the incarceration of the FDC leader at his Kasangati residence was unlawful as his home is not an authorised detention centre.
In his petition filed on October 28, Dr Besigye wants the Constitutional Court to declare that Article 26 of the Criminal Procedure Code Act which empowers the police to arrest any person they highly suspect is about to commit an offence to be a contravention of Articles 23,28, 29 (1) (d), 29 (2) (a) and 44 (c).
These Articles, among others, provide for protection of personal liberty, right to a fair speedy hearing, protection of freedom of expression, movement, religion, assembly and association and prohibition of derogation from particular human rights and freedoms.
Still in his petition, Dr Besigye wants the Constitutional Court to declare that Section 24 of the Police Act contravenes Articles 23,28,29 (1) (d),29 (2) (a), 43 (2) and 44 (c) of the Constitution.
Section 24 of the Police Act empowers the police who have reasonable cause to believe that the arrest of a person and their detention is necessary to prevent them from causing physical injury to themselves or others, and causing damage to property.
Dr Besigye was on October 18 arrested after he had walked about 500 metres from his Kasangati home heading to Najjanakumbi, where his party headquarters.
He was subsequently held at his home under what police said was ‘preventive detention’.
Several police officers under the command of the Deputy Regional Commander (operations) Kampala Metropolitan Police, Sam Omala camped at Besigye’s home for over a week.
The police restricted people from visiting him until last week on Tuesday when they withdrew from his home after the Kasangati court commenced the hearing of his application in which he was challenging what he called ‘unlawful detention’ by the police. He was seeking for immediate and unconditional release.
The reason advanced by police for Besigye’s detention was that they had received intelligence information that he and others were set to participate in the walk-to-work protest.
They said that his preventive detention was necessary to avert chaos and confusion experienced in phase one of the walk-to-work protests over rising commodity prices.
The police also claimed to be protecting Besigye’s life by detaining him. Court is yet to set a hearing date.
