Col. (Rtd) Dr. Kiiza Besigye and 22 Others v Attorney General
Col. (Rtd) Dr. Kiiza Besigye and 22 Others v Attorney General (Constitutional Petition 12 of 2006) [2007] UGCC 9 (12 January 2007)
The majority of the Constitutional Court held that the continued detention of the 14 petitioners, who had been granted bail by the High Court, under the authority of the General Court Martial (GCM) was unlawful and contravened their constitutional rights to personal liberty, a fair trial, and judicial independence. The court found that the GCM's proceedings, under which the petitioners were detained, had been declared a nullity in a prior decision (Constitutional Petition No 18 of 2005), and that amending the charge sheet did not cure the fundamental defect, as the relevant offence was not de…
Source excerpt
- Right To Fair Trial
- Judicial Independence
- Personal Liberty
- Bail And Detention
- Military Jurisdiction
- Disclosure Of Evidence