Communication 431/12 – Thomas Kwoyelo v. Uganda
about the implications of the Constitutional Court’s decision did not amount to a
‘severe criticism’ of the decision.
108.
The Respondent further maintains that the JLOS is a multi-sector organization
comprised of various member institutions. According to the Respondent State the
Chief Justice is the head of the Judiciary, which is a member institution of the JLOS.
The Chief Justice also heads the JLOS Leadership & Steering Committee, which is
composed of different heads of JLOS member institutions. Thus Justice Benjamin
Odoki, who was the (then) Chief Justice was the head of the Steering Committee.
109.
However, the Respondent State indicates that the paper cited in the Complaint
was authored by the Transitional Justice Working Group, of which the Chief
Justice is not and has never been a member, nor did he ever endorse the views in
the said paper.
110.
The Respondent further states that the paper did not ‘severely criticize’ the
judgment of the Constitutional Court as alleged. It presented the Group’s views
on the Amnesty Act and its impact on Uganda’s national and international
obligations and outlined the challenges presented by the Act to the State’s ability
to fulfil its duty to ensure justice and accountability for serious human rights
violations, crimes against humanity and war crimes committed in Uganda.
111.
The Respondent also submits that after the judgment had been delivered, the
Permanent Secretary of the Ministry of Internal Affairs wrote to the Chairman of
the JLOS Transitional Justice Working Group, requesting the Chairman to advise
the Minister on whether he should sign a Statutory Instrument extending the
Amnesty Act which was due to expire in May 2012.31
31
A copy of the letter dated 26 March 2012 attached to submission.
27
62nd Ordinary Session, 25 April – 9 July 2018