Communication 431/12 – Thomas Kwoyelo v. Uganda
244.
The Commission notes that although not expressly mentioned in Article 7 of
the Charter, the right to a reasoned judgment is an inherent part of the right to fair
trial.54 In this regard, the Commission’s Principles and Guidelines on the Right to
Fair Trial and Legal Assistance in Africa recognizes the right to receive reasoned
decisions as an essential element of a fair hearing. 55 According to the established
case-law of the European Court of Human Rights, judgments of courts and
tribunals should adequately state the reasons on which they are based. 56 Giving
reasons for decisions or judgments is essential for litigants to be able to decide what
course of action to take next including appeal and review. The principle of judicial
transparency also demands it.
245.
In the instant case, the Commission notes that the Supreme Court did not in
fact give any reason for its decision to stay the execution of the consequential
orders. Therefore, the Commission is of the considered view that rendering a
judicial decision that curtails the fundamental rights of an individual and that
overturns a decision of a lower court without giving proper reasons or justification
is a violation of the right to fair trial under Article 7(1)(a) of the Charter.
246.
The Complainant further challenges the validity of the decision of the Supreme
Court by contending that at the time of the stay of execution, 30 March 2012, and
as of 18 October 2012, the Supreme Court still did not have a quorum to entertain
a constitutional appeal. The Complainant adds that the Supreme Court cannot hear
the appeal until such time as judges are appointed and there is no timeframe for
the appointment of judges by the President of Uganda.
247.
In reply, the Respondent avers that the quorum issue was resolved on 20 June
2013 when new judges were appointed to the Supreme Court, making it fully
Office of the High Commissioner for Human Rights (OHCHR) and the International Bar
Association (IBA), Human Rights in the Administration of Justice: A Manual on Human Rights for
Judges, Prosecutors and Lawyers (2003), p. 293.
55
ACHPR, Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa,
2003, A(2)(i).
56
ECtHR, Garcia Ruiz v. Spain, (1999), para. 26 cited in OHCHR and IBA, n 54 above, p. 293.
54
66
62nd Ordinary Session, 25 April – 9 July 2018
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