Communication 431/12 – Thomas Kwoyelo v. Uganda 231. In June 2009, two criminal cases were instituted against the Victim both in respect of kidnapping with intent to murder under the Penal Code Act of Uganda before the Chief Magistrate’s Court of Gulu.53 232. On 12 January 2010, the Victim officially renounced the rebellion and applied for amnesty to the Amnesty Commission, which declared him eligible for amnesty and forwarded his application to the DPP before issuing an Amnesty Certificate. The DPP failed to respond to the application, effectively delaying the granting of amnesty. At the time, the DPP did not give any reasons or explanations for its decision not to endorse the amnesty application of the Victim as it had in the cases of previous applicants. It was only on 17 November 2011 that the DPP wrote to the Amnesty Commission explaining that the accused (the Victim) is not eligible for amnesty because he is charged with grave breaches of the Geneva Conventions of 1949. But at the time the Victim applied for amnesty, January 2010, no charges relating to the violation of Geneva Conventions were brought against him. As established hereunder, he was only charged with such crimes eight months later. 233. On 26 August 2010 the Victim was charged with violations of Uganda’s 1964 Geneva Conventions Act and was arraigned in the ICD on charges of 12 grave breaches of the Fourth Geneva Convention and 53 alternative counts of Penal Code violations such as murder, kidnapping, and aggravated robbery, allegedly committed between 1996 and 2009. 234. On 22 September 2011, the Constitutional Court, following a petition by the counsel of the Victim, unanimously decided that the Victim qualified for amnesty and had been denied equal protection of the law, and accordingly ordered for his trial before the ICD to cease forthwith. The two criminal cases are: Criminal Case No. AA 0118/09 and Gulu CRB 1219/09 in respect of kidnap with intent to murder contrary to Section 243 (1) (a) of the Penal Code Act; and Criminal Case No. AA 0119/09 and Gulu CRB 1220/09 in respect of kidnap with intent to murder contrary to Section 243 (1)(a) of the Penal Code Act. 53 63 62nd Ordinary Session, 25 April – 9 July 2018