Statement / Commonwealth Lawyers Association Statement regarding arrest and detention of Erias Lukwago
The Commonwealth Lawyers Association (CLA) is alarmed to learn of the detention of Erias Lukwago by Uganda People’s Defence Forces (UPDF) on 15th June 2026. Mr Lukwago is the joint leading Counsel for Dr Kizza Besigye and Hajji Obeid Lutale in an ongoing treason trial before the High Court of Uganda.
Subsequently his co-lead Counsel, Martha Karua, a Kenyan lawyer authorised to practise in Uganda was denied entry into Uganda and held at Entebbe Airport without communication.
The CLA have read and supports the Statement of the Uganda Law Society (ULS) issued on 15th June which states that the UPDF has “no role whatsoever in intimidating, threatening or arresting members of the Bar for performing their constitutional and professional duties”
Clause 16 of the United Nations Principles on the Role of Lawyers states:
“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad;”
At the Commonwealth Law Conference in Goa in March 2023 Bar Leaders of the Commonwealth adopted the Declaration on Preserving and Strengthening the Independence of the Judiciary and on ensuring the Independence of the Legal Profession. This provides in clause 6 that:
“Lawyers must be free to perform all their professional duties without threats, intimidation, hindrance, harassment or improper interference or influence” and in clause 7 that “Lawyers must not suffer or be threatened with any criminal prosecution, civil action, or sanctions of administrative, economic, or other nature for the discharge of their professional functions in accordance with recognized professional and ethical standards”
The CLA affirms that the right to legal representation is a cornerstone of the rule of law and a fundamental guarantee of a fair trial. The targeting of defence counsel — through arrest, detention, or charge — in connection with their representation of a client strikes at the heart of the administration of justice and the independence of the legal profession.
The CLA affirms that the right to legal representation is a cornerstone of the rule of law and a fundamental guarantee of a fair trial. The targeting of defence counsel — through arrest, detention, or charge — in connection with their representation of a client strikes at the heart of the administration of justice and the independence of the legal profession.
Principle 8 of the International Bar Association Standards for the Independence of the Legal Profession states:
“No lawyer shall suffer or be threatened with penal, civil, administrative, economic or other sanctions or harassment by reason of his or her having legitimately advised or represented any client or client’s cause.”
The CLA voices its grave concern at the gross violation of these established international standards and principles by the actions taken against lawyer Elias Lukwago and Martha Karua and supports unequivocally the Statement of the ULS which calls upon the Chief Justice of Uganda to guarantee the “security of all counsel, judges and litigants under Article 128 of the Constitution of the Republic of Uganda”
The CLA expresses its alarm and concern that the actions of the UPDF undermine well established international principles regarding the independence of the legal profession which are fundamental to the rule of law.
The CLA calls upon the authorities in Uganda:
- to ensure that the trial of Dr Kizza Besigye and Hajji Obeid Lutale proceeds without interference of their legal representatives; and
- to respect and uphold the independence of the legal profession to act without fear or favour; and
- to take all steps to protect members of the legal profession in the discharge of their professional duties; and
- to take all appropriate legal action against any person or persons who impede any member of the legal profession, including from discharging their professional duties; and
- to take all steps to ensure compliance with their international obligations and
- to uphold the rule of law and the Constitution.
26th June 2026
The Commonwealth Lawyers Association is an international non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth. commonwealthlawyers.com
