Law Society petitions court for release of advocate Eron Kiiza
Lawyer Eron Kiiza in the dock at the General Court Martial. PHOTO / ABUBAKER LUBOWA
What you need to know:
- Eron Kiiza was summarily convicted and sentenced to nine months imprisonment by Brig. Gen Robert Freeman Mugabe
The Uganda Law Society has petitioned the High Court in Kampala to order the prison authority to release jailed advocate Eron Kiiza, either dead or alive.
Mr Kiiiza who was one of the most vocal lawyers of remanded Dr Kizza Besigye and Hajj Obeid Lutale, was summarily convicted and sentenced to nine months imprisonment by Brig. Gen Robert Freeman Mugabe during one of the heated sessions at the General Court Martial on January 7, this year.
He was accused of contempt of court when he allegedly assaulted a court orderly who was guiding him on where to sit.
In the petition before the court, Mr Isaac Ssemakadde, the president of the Uganda Law Society avers that Mr Kiiza is illegally being held at Kitalya government prison after serving the mandatory sentence of 30 days.
“The applicant’s member, advocate Eron Kiiza, was convicted and sentenced to a term of imprisonment of contempt of court under the Uganda Peoples’ Defense Act, which carries a maximum sentence of 30 days,” reads in part the application.
Adding: “The applicant’s member has served the maximum sentence for the said offence. Despite serving the maximum sentence, the applicant’s member remains in detention at Kitalya Mini max government prison.”
The law society says the continued detention of their very own is unlawful and violates his right to liberty, as guaranteed under Article 23 (1) of the Constitution.
Advocate Kiiza is also one of the beneficiaries of the recent Supreme Court landmark judgment in which the Chief Justice and his colleagues ruled that it's unconstitutional for civilians to be tried before the General Court Martial.
The Supreme Court went on to order the onward transmission of case files of civilians in the General Court Martial to the civilian courts for further management.
“All charges, or ongoing criminal trials, or pending trials, before the courts-martial involving civilians, must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction,” Chief Justice Alfonse Owiny-Dollo ruled in the majority judgment.
Dr Besigye’s legal team has for the past four days been combing several government offices seeking his release but in vain.
