Communication 431/12 – Thomas Kwoyelo v. Uganda Complainant submits that the Supreme Court, without legal reason, has perpetuated the illegal detention of the Victim. 69. The Complainant draws the attention of the Commission to the period between 11 November 2011, when the trial of the Victim was ceased and no fresh charges proffered against him, to 30 March 2012, when the Supreme Court stayed all orders from the Constitutional Court. This period of detention, according to the Complainant, was particularly unlawful and violated Article 6 of the African Charter as there were no pending charges against the Victim yet the Respondent State refused to release him and kept him in arbitrary detention without any indication of when his trial would take place. 70. The Complainant submits that rights and freedoms of the Victim should only be deprived as stipulated by domestic and international law, and all other circumstances clearly constitute a violation of the right to security and liberty of the Victim, amounting to arbitrary detention in violation of Article 6 of the Charter. Alleged Violation of Article 7 71. Relying on the decision of the Commission in Haregewoin Gebre-Sellaise & IHRDA (on behalf of former Dergue officials) v. Ethiopia, the Complainant submits that ‘the right to an impartial hearing within a reasonable time is one of the cardinal elements of the right to a fair trial. The Article [Article 7] is specially designed to ensure that the charges which the penal procedure places on the individual are not unremittingly protracted and do not produce permanent harm. An individual who is accused and held in custody is entitled to have his or her case resolved on a priority basis and conducted with diligence.’ 72. The Complainant asserts that on 30 March 2012, the Supreme Court stayed the execution of any consequential orders arising from Constitutional Reference No. 17 62nd Ordinary Session, 25 April – 9 July 2018