Communication 431/12 – Thomas Kwoyelo v. Uganda avers that the Constitutional Court further ordered cessation of the trial against the Victim. However, the Government of Uganda, through the Attorney General brought two applications to the Court of Appeal of Uganda seeking an interim order for stay of execution of the Constitutional Court decision, which were dismissed on 10 November 2011. 5. The Complainant avers that on 11 November 2011, the International Criminal Division of the High Court of Uganda (the ICD) ceased the Victim’s trial. However, the Government of Uganda refused to release the Victim from detention. On 25 January 2012, the High Court issued an order of mandamus compelling the Chairman of the Amnesty Commission and the DPP to process and grant amnesty to the Victim, but to no avail. 6. The Complainant further states that on 30 March 2012, the Supreme Court of Uganda stayed the execution of any consequential orders arising from Constitutional Reference No.36 of 2011. It is claimed that the Supreme Court did not give a reason for disregarding the Constitutional Court decision. 7. The Complainant also questions the impartiality of the Supreme Court alleging that the Chief Justice of Uganda who headed the panel of judges of the Supreme Court is also the head of Justice, Law and Order Sector in Uganda, a body that had previously criticised the decision of the Constitutional Court in Constitutional Reference No. 36 of 2011. The Complainant alleges that the Chief Justice played a major role in the formation of the ICD which was meant to try the Victim. 8. The Complainant states that the Supreme Court did not have quorum to consider a constitutional appeal at the time of stay of execution and on 18 October 2012 still did not have a quorum and is therefore unable to hear the case until more judges are appointed to the Supreme Court. It is claimed that there is no timeframe for the appointment of judges and therefore the Victim remains in indefinite detention. 2 62nd Ordinary Session, 25 April – 9 July 2018