Communication 431/12 – Thomas Kwoyelo v. Uganda
86. The Respondent avers that there were two criminal cases against the Victim for
which he was produced before the Chief Magistrates Court at Gulu in June 2009:
i.
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.
ii.
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.
87. The Respondent State avers that when the Victim was produced before the Gulu
Chief Magistrates Court, he was committed for trial to the High Court in respect
of Criminal Case No. 0118/09.
88. In September 2010, the Victim was charged before the Buganda Road Chief
Magistrate’s Court with unlawful killing in Criminal Case No. A-9/2010, Gulu
CRB 337/2004, and committed to the High Court (War Crimes Division, later renamed as the International Crimes Division).17
89. The Respondent admits that the Victim was the first person to be indicted for
violations of the Geneva Conventions Act in the High Court’s International Crimes
Division (ICD). In July 2011, the Victim was arraigned in the ICD on charges of
twelve (12) grave breaches of the Fourth Geneva Convention (incorporated in
Ugandan domestic law through the Uganda Geneva Conventions Act of 1964) and
fifty-three (53) alternative counts of Penal Code violations such as murder,
kidnapping, and aggravated robbery, allegedly committed between 1996 and 2009.
The Respondent refers to a copy of the Magistrate’s Court proceedings attached to
Complainant’s submissions.
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62nd Ordinary Session, 25 April – 9 July 2018