Kizza Besigye - Return From Exile and Arrest

Return From Exile and Arrest

On 26 October 2005 Besigye returned to Uganda from South Africa, where he had been living. Tens of thousands of his supporters lined the streets from Entebbe International Airport to the capital, Kampala. Besigye's return was in his words "made more precipitate" by the fact that he had to register as a voter before the voter registration deadline in order to be a candidate for the 2006 elections.

Besigye was arrested on 14 November 2005, accused of treason, concealment of treason and rape. The case of treason included his alleged links to the rebel groups, Lord's Resistance Army and People's Redemption Army, and the rape charge referred to an alleged incident in November 1997 involving the daughter of a friend. The arrest led to demonstrations and riots in Kampala and towns around the country. The protesters believed the charges were designed to stop Besigye from challenging the president in 2006 elections.

Besigye's arrest evoked international concern, as well as criticism from local press, including the state owned New Vision. The government later banned all public rallies, demonstrations, assemblies or seminars related to the trial of Besigye. On 23 November the Minister of State for Information, James Nsaba Buturo announced that talk shows and media debates on Besigye's trial were banned, and media houses that did not heed the ban would have their licences revoked. Baturo said that, "Revocation of the licence is something I am very eager to do".

On 25 November Besigye was granted bail by the High Court, but was sent back to prison because of outstanding military charges facing him at an army Court-martial. The military Court-martial defended his continued detention saying Besigye could escape from the country if released on bail. On 2 January 2006 he was released from prison after the High Court ordered his immediate release. On 31 January 2005, the Constitutional Court ruled on a complaint brought by the Uganda Law Society, stating the Besigye could not be tried for terrorism.

On 1 February Ugandan jurors in the rape trial recommended Besigye's acquittal, saying the prosecution had failed to prove its case. Under Ugandan law, the jurors advise the judge but their recommendation is not binding. On 7 March 2006, the court cleared Besigye of the rape charge, with Judge John Bosco Katutsi stating, "The state has dismally failed to prove its case against the accused." Testimony given in court indicated that President Museveni had personally instructed the police to investigate the case. Besigye is still accused of treason, and the Ugandan army is appealing the dismissal of their prosecution on terrorism and weapons charges.