Communication 431/12 – Thomas Kwoyelo v. Uganda
and Commissioners of the Amnesty Commission had expired and they lacked the
legal mandate to sign any amnesty certificate.28
104.
It is further stated that in March 2012, before the amnesty certificate could be
legally issued, the Supreme Court issued an order staying the execution of any
consequential orders arising from Constitutional Reference No. 36 of 2011. 29 This
order was binding on all institutions including the Amnesty Commission, the DPP
and the Prison authorities. The ‘consequential orders’ whose execution was stayed
included the grant of an amnesty certificate by the Amnesty Commission, or any
order to release the Victim from remand custody.
105.
The Respondent further avers that the Attorney General applied for stay of
execution of consequential orders arising from the judgment of the Constitutional
Court pending its intended appeal against the court’s decision. The Application
was made under Rules 2(2) and 6(2)(b) of the Supreme Court Rules, and clearly
stated the various grounds on which it was sought.30
106.
Regarding quorum, the Respondent submits that the quorum issue was
resolved on 20 June 2013 when new Judges were appointed to the Supreme Court
of Uganda, making it fully constituted. The appeal (Appeal No. 1 of 2012) against
the Constitutional Court’s decision in Reference No. 36 / 11 was accordingly
argued before a fully constituted Supreme Court bench in March 2014 and is
presently awaiting judgment. As such the Respondent denies the allegation that
the Victim has remained in indefinite detention.
107.
As far as the alleged partiality of the Chief Justice of the Supreme Court is
concerned, the Respondent State disputes that a paper authored by the Justice Law
and Order Sector (JLOS) - headed by the Chief Justice - in expressing concerns
Copies of explanatory letters from the Amnesty Commission and Ministry of Internal Affairs,
and response from Solicitor General attached to submission.
29
A copy of the Supreme Court Order is attached as evidence.
30
A copy of the Application and supporting affidavit of Lino Anguzu are attached to submission.
28
26
62nd Ordinary Session, 25 April – 9 July 2018