Communication 431/12 – Thomas Kwoyelo v. Uganda 66. The Complainant states that on 1 November 2011, The Government of Uganda filed Constitutional Application 50 of 2011 in the Court of Appeal seeking to stay the decision of the Constitutional Court in Constitutional Reference 36 of 2011. On the same day, the Complainant submits, the Government filed Constitutional Application 51 of 2011 in the Court of Appeal seeking an Interim Order to stay execution of the same Constitutional Court decision. 67. The Complainant states that on 10 November 2011, the Court of Appeal dismissed both applications and upheld the Victim’s right to liberty and equal treatment before the law, and accordingly, on 11 November 2011, the International Criminal Division ceased the Victim’s trial. However, the Complainant avers that the Government of the Republic of Uganda refused to release the Victim from detention and that he was held in illegal and unlawful detention without a lawful warrant. According to the Complainant, the Victim sought relief at the High Court and on 25 January 2012 the Court issued an Order of Mandamus compelling the Chairman of the Amnesty Commission and the Director of Public Prosecutions to process and grant a Certificate of Amnesty to the Victim for his immediate release.12 68. The Complainant alleges that the DPP and Chairman of the Amnesty Commission again failed and/or refused to obey the court directive and as a result the Victim remained in unlawful and illegal detention. On 30 March 2012, the Complainant states, the Supreme Court stayed the execution of any consequential orders arising from Constitutional Reference No. 36 of 2011. The Complainant submits that this was done without giving any particular reason for curtailing the right to liberty of the applicant whose trial had already been ceased and whose right to liberty and equal treatment before the law had been upheld by the Constitutional Court. The Submitted as Annexure is a copy of an order of the International Crimes Division ceasing the trial of the complainant. 12 16 62nd Ordinary Session, 25 April – 9 July 2018