Madrid Bar Association and World Jurist Association seek urgent UN intervention over alleged interference with Besigye defence team.
Two international legal organisations have formally petitioned the United Nations, urging urgent intervention over what they describe as a sustained pattern of state interference targeting lawyers representing Dr. Kizza Besigye and Hajji Obeid Lutale in ongoing treason-related proceedings before Ugandan courts.
The communication was jointly submitted by the Human Rights Section of the Madrid Bar Association (Ilustre Colegio de la Abogacía de Madrid – ICAM) and the Human Rights Institute of the World Jurist Association (WJA). It is addressed to the United Nations Special Rapporteur on the Independence of Judges and Lawyers and the United Nations Working Group on Arbitrary Detention through the Office of the United Nations High Commissioner for Human Rights (OHCHR).
The Lawyers’ Complaint
According to the petition, the international organisations argue that the reported arrest, detention, prosecution and alleged ill-treatment of Kampala Lord Mayor and senior advocate Erias Lukwago, together with earlier incidents affecting other members of the defence team, form part of what they characterise as an escalating pattern of interference with the independence of the legal profession in Uganda.
The communication states that the pattern cannot be understood by looking at Mr. Lukwago’s case in isolation. Instead, it points to a sequence of events involving retired Major Ronald Iduuli, advocate Eron Kiiza, Kenyan Senior Counsel Martha Karua, and the subsequent attempt to provide state-selected lawyers after members of the original defence team became unavailable.
Martha Karua’s Deportation
The petition also highlights the events of 22 June 2026, when Kenyan Senior Counsel Martha Karua travelled to Uganda to participate in the defence but was denied entry at Entebbe International Airport and returned to Kenya. The communication argues that her exclusion raises questions concerning the right of accused persons to legal representation by counsel of their own choosing and references the East African Court of Justice’s earlier decision in Samuel Mukira Mohochi v Attorney General of Uganda.
State-Appointed Counsel
A significant portion of the communication focuses on the issue of legal representation after the arrest of Mr. Lukwago and the exclusion of Ms. Karua.
According to the petition, the accused declined representation from lawyers proposed through state channels, maintaining that the absence of their preferred advocates resulted from actions taken against those advocates themselves. The communication argues that compelling acceptance of substitute counsel would undermine the constitutional right to legal representation by a lawyer of one’s own choice.
You can access the petition here:
International Legal Standards
The communication grounds its arguments in both domestic and international law.
Among the authorities cited are:
- Article 28(3)(d) of the Constitution of Uganda.
- Article 14 of the International Covenant on Civil and Political Rights (ICCPR).
- Article 7 of the African Charter on Human and Peoples’ Rights.
- Principles 16 and 18 of the United Nations Basic Principles on the Role of Lawyers.
According to the petition, these instruments require that lawyers be able to perform their professional functions without intimidation, harassment or improper interference.
What the Petition Seeks
The Madrid Bar Association and the World Jurist Association request the United Nations to:
- transmit an urgent appeal to the Government of Uganda;
- seek clarification regarding Martha Karua’s exclusion from Uganda;
- request an independent investigation into the arrest of Ronald Iduuli;
- urge the Government not to impose state-selected counsel on accused persons who have rejected such representation;
- call upon Uganda to guarantee the independence of lawyers in accordance with domestic and international legal obligations; and
- monitor proceedings before the High Court of Uganda, including the hearing scheduled for 29 July 2026.
A Wider Debate
The petition comes amid continuing discussion about the independence of the legal profession in Uganda and the ability of advocates to represent clients in politically sensitive proceedings without fear of intimidation or interference.
Whether the United Nations Special Rapporteur or the Working Group on Arbitrary Detention will take action in response to the communication remains to be seen.
Enen Legal World will continue monitoring developments relating to this matter and provide further News Bytes and legal analysis as events unfold.
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Enen Ambrose. Advocate
Member, Judiciary Affairs Committee,
Uganda Law Society
& Founder–Enen Legal World
enen@enenlegalworld.com
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