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 70 62nd Ordinary Session, 25 April – 9 July 2018