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Besigye’s lawyer Eron Kiiza petitions court to release passport

Lawyer Eron Kiiza in the Dock at the High Court.

Kampala, Uganda | THE INDEPENDENT | Human Rights lawyer Eron Kiiza has petitioned the High Court in Kampala to release his passport.

The passport was deposited in court on April 5th, as a condition of his bail after nearly three months in detention ordered by Brigadier Freeman Robert Mugabe, the Chairperson of the defunct General Court Martial.

In his formal application filed on Friday, before the Criminal Division of the High Court, Kiiza is seeking an order for the release of his passport number AA541257, stating that the continued withholding of the document violates his constitutional rights and hinders his access to urgent medical care abroad.

He argues that the passport was surrendered in compliance with bail conditions set by Justice Michael Elubu, who had made provision for Kiiza to retrieve it upon making an application should he need to travel.

Kiiza details in an affidavit that he was tortured and illegally detained by the General Court Martial, which he describes as a military tribunal, on  January 7th  2025, and held for 86 days at Kitalya prison until April 4th 2025, when he was released on bail.

The bail conditions included a cash bond of 20 million shillings, non-cash sureties of 50 million shillings each, monthly reporting to the Registrar of the Criminal Division, and deposit of his passport with the court.

Following his release, Kiiza contends that he wrote two letters on  April  24th and  May 7th  2025 requesting the return of his passport to travel for medical treatment, rest, and respite as advised by his doctor.

However,  according to Kiiza, he received no substantive response until Thursday, when the Deputy Registrar, Samuel Twakyire, advised him to file a formal application.

In his affidavit, Kiiza states that the delay in releasing his passport has caused him sleepless nights and aggravated his trauma. He also revealed that he is at risk of missing a critical international trip to Costa Rica in early July 2025, which forms part of his recovery process.

He adds that he has had to rely on temporary travel documents within East Africa, which he describes as inconvenient and professionally limiting.

He argues that his continued restriction from traveling undermines his fundamental rights, including freedom of movement, personal liberty, access to a passport, human dignity, right to health, and right to life. Kiiza emphasizes that his professional work as a human rights lawyer often takes him beyond Uganda and East Africa, and that the current situation has already cost him valuable opportunities in Europe and Asia.

Kiiza now wants conditions of his bail explicitly allow him to apply for the return of his passport if needed and that denying him this opportunity now amounts to an unjustified interference with his constitutional entitlements.

He has asked the court to urgently consider his application and make any necessary and incidental directions to ensure his rights are upheld.

The High Court  has not yet fixed a date for hearing and Uganda (Director of Public Prosecutions) is listed as the only respondent to his case.

Eron Kiiza was convicted on January 7th 2025 when he had gone to represent jailed opposition leader Dr Kizza Besigye and  Hajji Obeid Lutaale who were at that time facing charges of illegal possession of ammunition and military weapons.

However, the duo remains in jail and has since been transferred to the Civilian courts to face treason charges following a Supreme Court decision that barred the trial of civilians in Military courts.

Eron Kizza has since appealed against his conviction and sentence, and evidence before the Court indicates that as he approached the bar, he was blocked, obstructed, and denied access by armed military personnel dressed in military police attire and accordingly arrested illegally while he was on duty as a lawyer.

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