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

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