Jubilations As Besigye Floors Kayihura In Court


shop geneva; color: black; font-size: small; mso-fareast-font-family: ‘Times New Roman’; mso-bidi-font-family: ‘Times New Roman’; mso-fareast-language: EN-GB;”>Hundreds of Besigye’s supporters poured into the streets to celebrate the end of his house arrest.

FDC officials say he resumes walk to work tomorrow.

Besigye, through his lawyer David Mpanga, had sued the Inspector General of Police Maj. Gen. Kale Kayihura and regional police commander Andrew Kaweesi for violating his rights of freedom of movement.

Besigye had argued it was unlawful to arrest and detain him under the colonial law of preventive arrest.

The magistrate said much as Section 24 of the Police Act provides grounds for preventive arrest, it does not specify any place of detention or duration of detention yet the two elements are governed by article 23 of the Constitution which clearly states that a person can only be detained in a place that is lawfully gazetted.

She said Col. Besigye’s home is not a gazetted place for detention.

That aside, the Magistrate said it was illegal for police to detain Besigye for more than 48 hours without being taken to a court of law in violation of the Constitution.

The magistrate further argued that Besigye was never informed of reason he was placed under detention, implying much as the arrest and detention may have started off lawfully, they were no longer lawful in the long run.

In what appeared as total shelling of police, the magistrate ruled that the law enforcement unit is obliged under Article 20 of the Constitution to respect, protect and promote human rights and should therefore not violate Besigye’s rights.

She humorously said instead, police should be seen protecting and promoting Besigye’s rights.

The magistrate advised police not to repeat this unlawful exercise and to get advice from the Attorney General’s chambers on how to lawfully maintain law and order.

Besigye will pick his compensation from High Court!


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