Communication 431/12 – Thomas Kwoyelo v. Uganda
how he had influenced the views and positions expressed in the paper. The
Complainant has not made that linkage.
259.
In countering the allegation that the Chief Justice played a pivotal role in the
formation of the ICD – the division meant to try the Victim, the Respondent argues
that the ICD was established in July 2008 by the then Principal Judge Honorable
James Ogoola pursuant to Article 141 of the Constitution of Uganda of 1995.
260.
The Commission has also been able to confirm that the ICD was indeed
established by Justice Ogoola pursuant to the abovementioned constitutional
provision and with a view to fulfil the Government of Uganda’s commitment to
the actualization of Juba Agreement on Accountability and Reconciliation signed
in 2008.
261.
The impartiality of a judicial body could be determined on the basis of three
relevant facts:61
1. that the position of the judicial officer allows him or her to play a
crucial role in the proceedings;
2. the judicial officer may have expressed an opinion which would
influence the decision-making;
3. the judicial official would have to rule on an action taken in a prior
capacity.
262.
In employing the above requirements to gauge the partiality or otherwise of
the Supreme Court, there is no reason to doubt that the Chief Justice plays a crucial
role in the judicial proceedings of the Supreme Court of Uganda. What is rather
irresolute is whether the paper published by the JLOS can be taken as a view the
ACHPR, Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa,
(2003), 5(c).
61
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62nd Ordinary Session, 25 April – 9 July 2018
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