Communication 431/12 – Thomas Kwoyelo v. Uganda 254. The Respondent on its part prefers that the paper cited in the Communication was authored by the Transitional Justice Working Group, of which the Chief Justice is not and has never been a member, nor did he ever endorse the views in the said paper. 255. The Respondent further asserts that the paper did not ‘severely criticize’ the judgement of the Constitutional Court as alleged. It presented the Group’s views on the Amnesty Act and its impact on Uganda’s national and international obligations and outlines the challenges presented by the Act to the State’s ability to fulfil its duty to ensure justice and accountability for serious human rights violations, crimes against humanity and war crimes committed in Uganda. 256. After carefully studying the said paper submitted as annex by the Complainant, the Commission partly agrees with the Complainant that the article does criticize the decision of the Constitutional Court, but regards the qualification of such criticism as ‘severe’ as an exaggeration. The paper is largely objective and criticizes the decision from the perspective of the international human rights obligations of Uganda and the Juba Agreement on Accountability and Reconciliation. The paper calls for the revision of the Amnesty Act to enable prosecution of grave violations of human rights. 257. Moreover, the Complainant, besides qualifying the ‘criticism’ as severe, does not explain how or why it is severe. The Complainant does not pinpoint to sections of the paper that he considers amount to severe criticism. But even if the criticism was severe as alleged, that by itself does not automatically make it biased or prejudiced as long as it is empirical and substantiated. 258. Furthermore, although the Complainant rightly identifies the Justice Law and Order Sector that the Chief Justice heads as the author of the paper, a clear linkage has to be made between the views made in the article and the Chief Justice and 69 62nd Ordinary Session, 25 April – 9 July 2018