Communication 431/12 – Thomas Kwoyelo v. Uganda facilities’. The Respondent also denies that he ‘was not given medical assistance or that he was beaten by the Respondent’s agents’. In that regard, the Respondent asserts that the Complainant’s allegations that he was deprived of the right to respect of the dignity inherent in the human being are unsubstantiated. Article 7 131. The Respondent contends and avers that it upheld the Victim’s rights under Article 7 (1) (b), (c), and (d). The Respondent also adds that according to the Constitution, the Supreme Court is the highest appellate court in Uganda. An appeal was referred to the Supreme Court arising from the decision and consequential orders of the Constitutional Court in Constitutional Reference No. 36 of 2011. The Respondent notes that the appeal would be rendered nugatory if the consequential orders had been enforced prior to the hearing of the appeal. The Respondent asserts that this is sufficient reason for the highest court to intervene in order for a final and binding decision to be arrived at by the superior court of record and in so doing to effect the principle of finality of suits. 132. The Respondent submits that it is not the Chief Justice of Uganda who played a pivotal role in the formation and establishment of the International Crimes Division of the High Court. It is rather the Hon. Justice James Ogoola P.J. (as he then was) that established the ICD on 20 July 2008. Under Article 141(1)(a) of the Constitution the management of the High Court and all its day-to-day business is constitutionally designated to the administrative role of the Principal Judge of Uganda and not the Chief Justice. Thus the Chief Justice of Uganda is the administrative head of the Supreme Court of Uganda whereas the Deputy Chief Justice under Article 136 1 (a) and (b) is head of the Court of Appeal/Constitutional Court. 133. The Respondent submits that it has always afforded the Victim the right to be heard by impartial courts and within reasonable time. Ugandan Courts have in 33 62nd Ordinary Session, 25 April – 9 July 2018

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