Jailed opposition politician Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, have filed a fresh application before the High court seeking to halt criminal proceedings against them, citing alleged gross violations of their constitutional rights.The two, who are facing charges of treason and misprision of treason, argue that their prosecution has been irreparably tainted by what they describe as unlawful abduction, torture, prolonged detention and prejudicial public statements allegedly made by Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba.The application names Gen Muhoozi, Col Peter Ahimbisibwe and Lt Col Ephraim Byaruhanga, described as UPDF officers allegedly involved in an operation in Kenya—as respondents alongside the Attorney General.Through their lawyers, Besigye and Lutale contend that the circumstances surrounding their arrest, detention and prosecution have undermined their constitutional right to a fair trial.They are seeking declarations that their alleged abduction from Nairobi, Kenya, on November 16, 2024, by Ugandan military officers was unlawful and that it renders the subsequent criminal proceedings legally untenable. They further argue that their detention at Makindye military barracks before being produced in court violated constitutional protections against arbitrary detention and torture.According to court documents, the pair allege that they were forcibly seized in Nairobi while attending a book launch hosted by Kenyan politician and lawyer Martha Karua. They claim they were transferred to Uganda without extradition proceedings, held incommunicado for four days, denied access to lawyers, family members and medical personnel, and subsequently arraigned before the General Court Martial.The application also challenges the legality of their continued prosecution in light of the Supreme court decision in Attorney General v Michael Kabaziguruka, which restricted the trial of civilians before military courts.Central to the application are allegations that Muhoozi made repeated public statements that prejudged the case and threatened Besigye’s life, thereby undermining his right to a fair hearing.Court documents cite several posts allegedly made on social media platform X, including one dated January 16, 2025, stating: “We will hang KB on Heroes’ Day. That’s the best day for him to die.”Another post dated February 19, 2026, allegedly stated: “Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking.”A further post allegedly made in April 2026 is cited as saying: “I think we might hang Besigye by next month. If we don’t hang him, we will shoot him dead. That will be a great day for Uganda.”Other statements referenced in the application include remarks that Besigye would leave prison “only in his coffin after we hang him or shoot him” or after apologising to President Museveni, and that he would not be released until subjected to “the full extent of martial law.”The applicants argue that the statements amount to public prejudgment of guilt, threats of extrajudicial punishment, psychological torture and interference with judicial independence.“The 1st respondent’s statements, individually and cumulatively, constitute direct threats to life, psychological and mental torture, public prejudgment of guilt, and interference with the independence and impartiality of the court,” the application states.Their lawyers further contend that the statements undermine the constitutional presumption of innocence and exert undue pressure on the trial court.The application also raises concerns over delays in the criminal proceedings, alleging that despite court orders requiring disclosure of prosecution evidence, compliance was delayed, resulting in the trial failing to commence by June 2026.In a supporting affidavit, advocate and human rights defender Tumusiime Kakuru argues that the cumulative effect of the alleged violations has rendered a fair trial impossible.He maintains that the applicants were initially charged before a military tribunal despite constitutional jurisprudence restricting the trial of civilians in military courts and that the alleged procedural violations justify termination of the case.The applicants are seeking orders nullifying the criminal proceedings, their unconditional release, medical treatment and rehabilitation for alleged torture-related trauma, as well as costs of the application.According to records on the Judiciary’s Electronic Court Case Management Information System (ECCMIS), the Attorney General and the other respondents had not filed responses at the time the application was lodged.Meanwhile, proceedings before Justice Emmanuel Baguma were marked by disagreements between the defence and prosecution over the progression of the treason trial, particularly the appointment of three assessors.Assessors are lay persons who sit with the judge during trial proceedings and provide an advisory opinion on whether an accused person should be convicted or acquitted. Their opinion is not binding on the court.During submissions, defence lawyers led by Erias Lukwago, Frederick Mpanga and Ernest Kalibala objected to what they described as the rapid advancement of the case while several pending applications remained unresolved.Following submissions from both sides, Justice Baguma directed the deputy registrar and the judiciary’s head of security to prioritise court access for elderly persons, relatives and VIPs due to limited courtroom space.The judge also noted that prison authorities had expressed readiness to facilitate meetings between the accused persons and their lawyers. The defence had sought permission to access prison facilities with computers, laptops, notebooks, projectors, flash disks and food to prepare for trial.Baguma directed the parties to agree on preliminary issues before the court issues a memorandum of agreed points ahead of trial, stressing that all preliminary matters must first be concluded.He subsequently appointed three assessors, John Musana, Sarah Babirye and Richard Okello – whose credentials, he said, had been verified and submitted to the deputy registrar. He directed that their particulars be shared with the defence before they take oath.The judge further ordered the prosecution team, led by assistant director of public prosecutions Thomas Jatiko and chief state attorney Richard Birivumbuka, to present its first witness on June 11, 2026.Earlier, Besigye expressed confusion over whether pre-trial proceedings had concluded, questioning the appointment of assessors while his constitutional challenge remained unresolved.The judge later adjourned proceedings before Besigye could complete his remarks. Besigye subsequently stated that President Museveni should “stop being shy” and reintroduce pre-trial detention laws instead of, in his view, allowing the court process to be misused.Besigye, Lutale and Captain Denis Oola remain on remand until June 11, 2026. The trio is jointly charged with treason for allegedly plotting to overthrow the government. Prosecutors allege they held meetings in Geneva, Athens, Nairobi and Kampala to solicit funds, acquire weapons and organise paramilitary operations.The state further alleges that Besigye met a Kurdish intelligence agent identified as Andrew Wilson and received $5,000 to facilitate the transportation of 36 Ugandan recruits to Kisumu, Kenya, for military training before the plan was disrupted.Prosecutors also claim the accused sought surface-to-air missiles, ricin poison and counterfeit currency, and planned drone-based assassination attempts against President Museveni.According to the prosecution, the case is supported by audio and video recordings, social media messages, immigration records and telephone data allegedly linking the accused to the alleged plot.The post Besigye sues Muhoozi over threats to hang him on Heroes Day appeared first on The Observer Media Ltd.