Communication 431/12 – Thomas Kwoyelo v. Uganda 36 of 2011. The Supreme Court did not give any particular reason for curtailing the right to liberty of the applicant whose trial had already been ceased and his right to liberty and equal treatment before the law had been upheld by the Constitutional Court. 73. The Complainant contends that the Chief Justice who headed the panel of Judges of the Supreme Court that stayed the execution of the consequential orders was also the head of the Justice Law & Order Sector in Uganda, a body that had previously severely criticized the decision of the Constitutional Court in Constitutional Reference No. 36 of 2011.13 The Chief Justice never distanced himself from this statement which was publicly available. 74. The Complainant further asserts that the Chief Justice also played a pivotal role in the formation of the International Crimes Division – the Division of the High Court meant to try the Victim. The Complainant submits that the above actions and omissions show that the tribunal that stayed the enjoyment of the right to liberty was partial. The Complainant remarks that justice must not only be done but must also be seen to be done. 75. The Complainant avers that at the time the Supreme Court stayed the enjoyment of the right to liberty by the Complainant, it did not have quorum to entertain a Constitutional Appeal and as of 18 October 2012 still did not have a quorum. Furthermore, there was no timeframe when more judges would be appointed to the Supreme Court and yet the Supreme Court knowing these facts and knowing that the trial of the Complainant had already been ceased by the International Crimes Division and also knowing that there were no fresh charges against the complainant stayed the enjoyment of his right to liberty. Annexed to the Submission of the Complainant is a copy of a Press statement of the Justice Law & Order Sector in Uganda (which the Chief Justice Heads) allegedly severely criticizing the decision of the Constitutional Court in Constitutional Reference No. 36 of 2011. 13 18 62nd Ordinary Session, 25 April – 9 July 2018

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