Communication 431/12 – Thomas Kwoyelo v. Uganda
62. The Complainant submits that despite the Victim surrendering to the Ugandan
Peoples Defence Force (UPDF) in March 2009, he was shot in the process. The
Complainant further submits that shortly thereafter, and prior to recovering from
his injuries, the Victim was abducted from the hospital by Ugandan military
intelligence, taken to a private residence where he was subjected to inhumane
treatment and tortured for three months. According to the Complainant, during
this time the Victim was neither allowed access to legal counsel nor produced
before any court.
63. The Complainant states that in June 2009 the Victim was charged with various
offences under Uganda’s penal code and moved to Gulu Prison (Northern
Uganda) and thereafter to Luzira Upper Prison (Central Uganda). On 26 August
of 2010, the Victim was charged with violation of Uganda’s 1964 Geneva
Conventions Act. The Complainant submits that nearly a year passed after the
Victim’s arrest before he was allowed access to legal counsel or next of kin.
64. While in detention, the Complainant submits, on 12 January 2010 the Victim
petitioned for amnesty under Uganda’s Amnesty Act, and was declared eligible
for amnesty by the Amnesty Commission. However, the Complainant avers that
the DPP refused to issue the Victim an amnesty certificate.10
65. On 22 September 2011 the Constitutional Court, following a petition by the
Counsel of the Victim dated 25 July 2011, made a unanimous decision that the
Victim qualified for amnesty and was denied equal protection. The Complainant
states that the Constitutional Court also ordered for the trial of the Victim before
the ICD to cease forthwith.11
Submitted as Annexure is a copy of a letter from Uganda’s Amnesty Commission stating that
the complainant qualified and was eligible for Amnesty.
11
Submitted as Annexure is a copy of the decision of Uganda’s Constitutional Court in
Constitutional Reference 36 of 2011 declaring that the complainant was not treated equally under the
law and ordering the cessation of his trial by the International Crimes Division.
10
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62nd Ordinary Session, 25 April – 9 July 2018