Uganda's Judiciary has introduced strict media and courtroom access rules ahead of the treason trial of opposition figure Dr Kizza Besigye, saying the measures are intended to safeguard the integrity of the judicial process while ensuring proceedings remain open to the public.
The revised guidelines, published on Wednesday, require media houses seeking to broadcast the trial live to first obtain approval from the Judiciary's Public Relations Officer, with each request to be considered individually.
The Judiciary said the new protocols were adopted after reviewing arrangements for the high-profile case involving Besigye, Hajji Obeid Lutale and Denis Oola. The proceedings will be held at the Criminal Division of the High Court in Kampala.
In addition to regulating live broadcasts, the Judiciary has limited access to the courtroom to selected judicial and non-judicial staff, the accused persons, state and defence lawyers, accredited journalists and members of the public, subject to available space.
Journalists assigned to cover the trial will also be required to undergo security screening each time they attend court. Cameras, laptops, audio recorders and other equipment will be inspected before entry.
“Journalists will be required to submit their gadgets (still and video cameras, audio recorders, laptops and any other relevant gadget) for screening by security every time they come to cover the proceedings. Photography and videography inside the courtroom shall be restricted. Images of the trial judge and witnesses shall not be taken except with prior authorisation of the Court,” the guidelines state.
The Judiciary further prohibited the use of mobile phones, tablets and other communication devices inside the courtroom during the proceedings.
“These measures are intended to solely ensure security, orderly proceedings and continued public access to the hearing while preserving the integrity of the judicial process and the constitutional principle of open justice,” the Judiciary explained, adding that they will facilitate the orderly, secure and efficient conduct of the proceedings while safeguarding the right to a fair and public hearing.
The new directives come after the High Court dismissed an application by Besigye and Lutale seeking to stop the treason trial. Through their legal representatives, the two argued that their constitutional right to a fair hearing had already been violated beyond repair.
They also sought their unconditional release and asked the government to facilitate their treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims (ACTV) or another suitable medical facility.
In affidavits filed before the court, Besigye and Lutale alleged they were abducted in Nairobi by Ugandan security operatives, taken back to Uganda without due process, detained incommunicado at Makindye Military Barracks and denied access to lawyers and medical personnel. They further claimed they were held beyond the constitutional 48-hour limit before being presented in court.
Besigye also accused Chief of Defence Forces Gen. Muhoozi Kainerugaba of making public statements that prejudiced his right to a fair trial.
However, Justice Emmanuel Baguma dismissed the application in a ruling delivered through the Electronic Court Case Management Information System (ECCMIS), describing it as incompetent and an abuse of court process intended to delay the hearing of the main criminal case.
The ruling clears the way for Besigye, Lutale and Oola to stand trial on treason charges under the newly introduced courtroom guidelines.