Ugandan gov't appeals against court ruling on trial of opposition leader

The Ugandan government has given notice of appeal in the High Court against the Constitutional Court ruling that barred the General Court Martial (GCM) from trying opposition leader Kizza Besigye and 22 others for terrorism and illegal possession of arms.

State-owned newspaper The New Vision reported on Thursday that Uganda People's Defense Force legal officer, Maj. Kagoro said that anybody who possess equipment that is a monopoly of the army brings himself or herself under the ambit of the GCM and it can try them.

Besigye and the 22 others are alleged to belong to the People's Redemption Army, a rebel group that was planning to fighting the government using its bases in eastern Democratic Republic of the Congo (DRC).

Kagoro said parliament saw it fit to make a law stipulating who can be tried by the Court Martial and interfering with it would interfere with the rule of law.

He said civilians have been tried in military courts all over the world, if they bring themselves under the ambit of those courts.

"A person cannot fight in the street or spear another in the village and you take him to the court martial," said Kagoro.

"But when you have an AK-47 without a licence and you are shooting people with it, you have to be tried because no civilian can be licensed for an automatic rifle," he said.

However the Constitutional Court ruled on Tuesday that the GCM has no jurisdiction and is incompetent to try Besigye and the 22 others.

The court ruled that the trial of Besigye and the 22 others in the GCM over terrorism and illegal possession of firearms contravened some articles in the country's constitution.

The constitutional court said it was only the High Court which has powers to handle terrorism charges.

Besigye is already facing charges of treason and rape in the High Court.

He is the leader of the opposition Forum for Democratic Change and one of five presidential candidates in the country's forthcoming general elections scheduled for February 23.

Source: Xinhua