Communication 431/12 – Thomas Kwoyelo v. Uganda instance and on appeal’.58 In determining undue delay of proceedings, the complexity of the case, the applicant’s conduct and that of the competent authorities, should be taken into consideration.59 251. There is no indication in the Respondent’s submission that the hearing of the case was delayed for any of the abovementioned reasons. Instead, the Respondent argues that the delay was caused by the lack of quorum caused by the passing on of one of the Justices of the Supreme Court. As indicated above, this explanation is contradictory but even if it is accepted, the fault is still imputable to the Respondent State because it is within the power of the Government to appoint Justices of the Supreme Court, which it failed to do on time. 252. From the foregoing, the Commission concludes that even as at August 2013, the Supreme Court did not have quorum to look into constitutional appeals, and therefore has denied the Victim the right to be tried within a reasonable time as guaranteed under Article 7(1)(d) of the Charter.60 253. The Complainant also questions the impartiality of the Supreme Court by contending that the Chief Justice of Uganda who headed the panel of Judges of the Supreme Court that stayed the execution of the consequential orders is also the head of the Justice Law and Order Sector in Uganda, a body that had previously severely criticized the decision of the Constitutional Court in Constitutional Reference No. 36 of 2011. The Complainant further alleges that the Chief Justice also played a pivotal role in the formation of the ICD – the division meant to try Mr. Kwoyelo. UN Human Rights Committee, General Comment No. 13: Article 14 (Administration of Justice) Equality before the Courts and the Right to Fair and Public Hearing by an Independent Court Established by Law (1984), para 10. 58 ECtHR, Kemmache v. France, (1991), p. 20, para. 50; and ECtHR, Martins Moreira Case v. Portugal, (1988), p. 17, para. 45. 60 In its judgment of 8 April 2015, the Supreme Court ordered the trial of the Victim to continue before the ICD of the High Court. Available at http://www.pgaction.org/pdf/countries/Ug-vsThomas-Kwoyelo-Supreme-Court-judgement.pdf [accessed on 29 May 2017]. 59 68 62nd Ordinary Session, 25 April – 9 July 2018