Ugandan Politician Kizza Besigye Kidnapped in Kenya

The circumstances under which Uganda's opposition leader, Dr. Kizza Besigye, and his friend, Hajji Obed Lutale Kamulegeya, were arrested in Nairobi, Kenya, and later taken to Uganda remain unclear. They were later accused of illegally owning firearms and charged in the General Court Martial at Makindye in Kampala.

It is still not known if they were legally extradited, deported, or abducted. Normally, a country can send back a foreigner or its own citizen who is wanted for a crime in another country.

Mr. Geoffrey Turyamusiima, a lawyer experienced in extradition cases like Jamil Mukulu’s, explained the conditions needed for extradition. First, there must be an agreement between the two countries involved. Second, the crime must be a criminal act, not political. Lastly, the person must appear in court to review the extradition request.

“They (offences) must be normal criminal cases, like murder. You cannot be extradited on political crimes,” Mr. Turyamusiima said.

Uganda’s Extradition Act also protects individuals from being extradited for political crimes. According to Section 3(a) of the Act:The following provisions shall be observed with respect to the surrender of fugitive criminals—(a) a fugitive criminal shall not be surrendered if the offence in respect of which his or her surrender is demanded is one of a political character or if it appears to a court or the Minister that the requisition for his or her surrender has in fact been made with a view to try or punish him or her for an offence of a political character.”

Additionally, the law says a suspect cannot be surrendered for any crime other than the one specified in the extradition request.

Mr. Turyamusiima explained that extradition begins in the country where the crime happened. This country starts the process by asking for an arrest warrant, which is then sent to the country where the suspect is located.

Countries often use the International Police Organisation (Interpol) to locate and arrest suspects hiding in other nations. Interpol facilitates the transfer of such suspects. Its members must cooperate and arrest wanted individuals.

When arrested, the suspect is taken to court in the arresting country. The charges are read, and the court ensures the crimes are not political. After this, the suspect is sent to the country where the crime occurred.

Mr. Turyamusiima noted that the suspect must face the same charges listed in the extradition order.