Communication 431/12 – Thomas Kwoyelo v. Uganda
231.
In June 2009, two criminal cases were instituted against the Victim both in
respect of kidnapping with intent to murder under the Penal Code Act of Uganda
before the Chief Magistrate’s Court of Gulu.53
232.
On 12 January 2010, the Victim officially renounced the rebellion and applied
for amnesty to the Amnesty Commission, which declared him eligible for amnesty
and forwarded his application to the DPP before issuing an Amnesty Certificate.
The DPP failed to respond to the application, effectively delaying the granting of
amnesty. At the time, the DPP did not give any reasons or explanations for its
decision not to endorse the amnesty application of the Victim as it had in the cases
of previous applicants. It was only on 17 November 2011 that the DPP wrote to the
Amnesty Commission explaining that the accused (the Victim) is not eligible for
amnesty because he is charged with grave breaches of the Geneva Conventions of
1949. But at the time the Victim applied for amnesty, January 2010, no charges
relating to the violation of Geneva Conventions were brought against him. As
established hereunder, he was only charged with such crimes eight months later.
233.
On 26 August 2010 the Victim was charged with violations of Uganda’s 1964
Geneva Conventions Act and was arraigned in the ICD on charges of 12 grave
breaches of the Fourth Geneva Convention and 53 alternative counts of Penal Code
violations such as murder, kidnapping, and aggravated robbery, allegedly
committed between 1996 and 2009.
234.
On 22 September 2011, the Constitutional Court, following a petition by the
counsel of the Victim, unanimously decided that the Victim qualified for amnesty
and had been denied equal protection of the law, and accordingly ordered for his
trial before the ICD to cease forthwith.
The two criminal cases are: Criminal Case No. AA 0118/09 and Gulu CRB 1219/09 in respect
of kidnap with intent to murder contrary to Section 243 (1) (a) of the Penal Code Act; and Criminal Case
No. AA 0119/09 and Gulu CRB 1220/09 in respect of kidnap with intent to murder contrary to Section
243 (1)(a) of the Penal Code Act.
53
63
62nd Ordinary Session, 25 April – 9 July 2018
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