The Uganda Law Society (ULS) has called for transparency and respect for constitutional rights in the arrest of retired Lieutenant General Peter Elwelu. ULS President Isaac Ssemakadde warned security agencies against conducting a trial by media, citing concerns about the legality of the investigation and Elwelu's detention. Elwelu was arrested in Soroti City on November 2, following public accusations by Chief of Defence Forces Gen. Muhoozi Kainerugaba of involvement in activities to destabilize the Teso sub-region.
The ULS raised questions about the circumstances of Elwelu's detention, access to lawyers and family, and the charges he would face. The army confirmed the arrest, stating that 15 guns, military fatigues, and two pickup trucks linked to Elwelu were recovered. Elwelu had been on the run, allegedly involved in subversive activities and plans to destabilize Teso. The army did not specify the offences or disclose his detention location.
Ssemakadde emphasized that constitutional protections must be applied to everyone, regardless of military rank or public standing. He cited Article 23 of the Constitution, which protects personal liberty and requires that an arrested person be informed of the reasons for their arrest and their right to a lawyer. The Constitution also requires that an arrested person be brought before a court within 48 hours and have reasonable access to next-of-kin, a lawyer, and a personal doctor.
The ULS warned against a repeat of procedural violations in the case of opposition politician Dr. Kizza Besigye, including restrictions on access to chosen lawyers and opaque legal processes. The society invited Elwelu's next-of-kin, lawyer, and personal doctor to its offices to discuss protective measures and strategies to guard against possible procedural abuses.
The ULS demanded disclosure of the legal basis for Elwelu's detention, the circumstances surrounding his arrest, 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, stating that such actions undermine the rule of law and the integrity of judicial proceedings.
Elwelu's arrest follows a public confrontation between the retired general and the current army chief, who had accused him of disloyalty and involvement in activities threatening national security. Gen. Muhoozi had stripped Elwelu of his military ranks and demoted him to Private, alleging that he had been stockpiling weapons and ammunition.
The ULS emphasized the importance of respecting the presumption of innocence, the right to a fair hearing, and protection against arbitrary detention throughout the proceedings. The society's actions aim to ensure that Elwelu's rights are protected and that the rule of law is upheld in his case.
Key points
- The Uganda Law Society demands transparency in the arrest of retired Lt. Gen. Peter Elwelu.
- The ULS warns against trial by media and procedural violations in Elwelu's case.
- Elwelu's arrest follows public accusations by Chief of Defence Forces Gen. Muhoozi Kainerugaba.
