ULS warns against trying Gen Elwelu through media

Kampala, Uganda | URN | The Uganda Law Society (ULS) has demanded transparency and respect for constitutional rights in the arrest of retired Lieutenant General Peter Elwelu.

In a statement on Tuesday, the Law Society President, Isaac Ssemakadde, warned security agencies against conducting what it describes as a trial by media.

The lawyers’ body said the arrest of the former Deputy Chief of Defence Forces raised questions about the legality of the investigation, the circumstances of his detention and whether he would be granted access to his lawyers and family.

Elwelu was arrested in Soroti City on the evening of November 2, following weeks of public accusations by Chief of Defence Forces Gen. Muhoozi Kainerugaba that the retired general was involved in activities intended to destabilise the Teso sub-region.

The UPDF, through its Acting Director of Defence Public Information, Col. Chris Magezi, confirmed the arrest, saying security forces had recovered 15 guns, military fatigues and two pickup trucks allegedly linked to Elwelu.

Magezi said Elwelu had been on the run over alleged involvement in subversive activities and plans to destabilise Teso, adding that he would be charged and prosecuted in court.

The army’s announcement did not specify the offences Elwelu would face or disclose where he was being detained.

Ssemakadde urged that constitutional protections must be applied to everyone, regardless of their military rank, reputation or public standing.

“Regardless of the identity, rank, reputation, or public controversy surrounding any individual, the Constitution of the Republic of Uganda and international standards bind the State,” Ssemakadde said.

He cited Article 23 of the Constitution, which protects personal liberty and requires that an arrested person be informed immediately, in a language they understand, of the reasons for their arrest and their right to a lawyer of their choice.

The Constitution also requires that an arrested person be brought before a court as soon as possible, but not later than 48 hours after arrest. It further provides for reasonable access to next-of-kin, a lawyer and a personal doctor.

ULS said the presumption of innocence, the right to a fair hearing and protection against arbitrary detention must be respected throughout the proceedings.

The lawyers’ body also warned against a repeat of what it described as procedural violations in the case of opposition politician Dr Kizza Besigye, including restrictions on access to chosen lawyers, interference with legal teams and opaque legal processes.

“ULS will not entertain a repeat of the patterns observed in the Besigye matter and related proceedings, including obstacles to chosen counsel, interference with legal teams, opaque processes, and erosion of fair-trial safeguards,” the statement reads.

The society invited Elwelu’s next-of-kin, lawyer and personal doctor to its offices at ULS House in Kololo for discussions on protective measures and strategies to guard against possible procedural abuses.

It also demanded disclosure of the legal basis for Elwelu’s detention, the circumstances surrounding his arrest, the existence of probable cause, his place of detention, and whether he had access to his family and legal representatives.

The society condemned public pronouncements that presume guilt before a person has appeared in court. “Public pronouncements that presume guilt, strip ranks outside established legal processes, or prejudge outcomes undermine the rule of law and the integrity of any subsequent judicial proceedings,” Ssemakadde said.

Elwelu’s arrest follows an unusual public confrontation between the retired general and the current army chief, who had repeatedly accused him of disloyalty and involvement in activities threatening national security.

On October 27, Gen. Muhoozi announced on his X account that he had stripped Elwelu of his military ranks and demoted him to Private.

“The traitor Peter Elwelu is hereby stripped of his ranks. He is demoted to Private,” Muhoozi posted. In the same series of posts, the CDF said security forces had arrested more than 20 former soldiers who had served under Elwelu, claiming that they were cooperating with investigators.

Muhoozi also alleged that the retired Lt. Gen. Peter Elwelu had been stockpiling weapons and ammunition at one of his homes in Teso.

He gave Elwelu an ultimatum to surrender, warning that he would otherwise be declared a rebel.

On October 29, Muhoozi announced that security forces had arrested Elwelu’s driver and seized the last vehicle the retired officer had been using. He also claimed that additional weapons had been recovered from locations associated with the former general.

The CDF warned anyone assisting Elwelu against doing so, saying they would face serious consequences.

In an interview with New Vision last week, Elwelu’s wife, Patricia Apolot, said security operatives had effectively placed the family under house arrest following operations at their homes.

She said she was only allowed to leave the home briefly to shop while security personnel remained deployed at the premises.

She also disclosed that Elwelu’s security detail had been withdrawn following his retirement and that the last military vehicle assigned to the family had been taken during an operation at their Awoja home.

The arrest has heightened anxiety in Teso, where security intelligence officers had reportedly been deployed for about two weeks before the announcement.

Elwelu previously served as Deputy Chief of Defence Forces and Commander of the Land Forces.

He also attracted national and international scrutiny over his command of the November 2016 military operation at the Rwenzururu King’s palace in Kasese, which left more than 100 people dead.

Despite the controversy surrounding that operation, he later rose to become one of the country’s most senior military officers.

The latest case now places the former army commander at the centre of allegations involving national security.

ULS said it would monitor the State’s compliance with constitutional and international standards. Ssemakadde stressed that the rule of law was not a privilege reserved for popular or powerful individuals, but a minimum guarantee for everyone.