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
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62nd Ordinary Session, 25 April – 9 July 2018