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.
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62nd Ordinary Session, 25 April – 9 July 2018