Communication 431/12 – Thomas Kwoyelo v. Uganda
239.
Following his continued detention, the Victim sought relief at the High Court,
which issued an order of mandamus compelling the Chairman of the Amnesty
Commission and the DPP to process and grant a Certificate of Amnesty for his
immediate release. The order was however not honored by the Amnesty
Commission and the DPP.
240.
According to the Respondent, it was not possible to issue the Certificate of
Amnesty because at the time the order was issued, 25 January 2012, the mandate
of the Chairman and Commissioners of the Amnesty Commission had expired
lacking the legal mandate to sign amnesty certificate.
241.
The power to renew the mandates of the Commissioners or to appoint new
ones timeously to ensure smooth transition, without creating any irregularities in
the functions of the Amnesty Commission, is exclusively that of the Government.
The government should thus take full responsibility for whatever nuisances
occurred as a result of its failure to appoint Commissioners in good time. It cannot
invoke its own flaws or failures to exonerate itself from responsibility.
242.
The Respondent further argues that in March 2012, before the Certificate of
Amnesty could be legally issued, the Supreme Court issued an order staying the
execution of any consequential orders arising from the Constitutional Court case.
According to the Respondent the ‘consequential orders’ whose execution was
stayed included the granting of an Amnesty Certificate or any order to release the
Victim from custody.
243.
The Complainant admits that the Supreme Court stayed the execution of any
consequential orders arising from the Constitutional Court case, but adds that the
Supreme Court did not give any reasons for curtailing the right to liberty of the
Victim as upheld by the Constitutional Court.
65
62nd Ordinary Session, 25 April – 9 July 2018
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