Communication 431/12 – Thomas Kwoyelo v. Uganda 100. In response to the issue of criminal charges, the Respondent states that the criminal charges against the Victim in Criminal Case No. AA 0119/09 (Gulu CRB 1220 /09) in the Gulu Chief Magistrates Court - in respect of kidnapping with intent to murder contrary to Section 243 (1)(a) of the Penal Code Act - were never withdrawn by the DPP. In that regard, the Respondent states that there are still pending and subsisting criminal charges against the Victim in the Chief Magistrate’s Court of Gulu, in respect of which the Constitutional Court did not make any order, and from which the Victim has never legally applied to be discharged by the Magistrate’s Court. 101. The Respondent State contends that whereas the ICD ceased the trial of Case No. 02/10 which was before it, it did not issue a release warrant for the Victim which would legally authorize the prison officials to release him from remand custody. In the absence of a release warrant, the Respondent denies the allegation that there was any refusal to release him or that the Victim was held in illegal and unlawful detention.27 102. The Respondent State further states that the Victim’s lawyers instead of applying for the said release warrant from the ICD, opted to file a civil suit in the High Court Civil Division, seeking an order of mandamus to compel the Amnesty Commission and the DPP to issue him an amnesty certificate for his immediate release. 103. The Respondent State also submits that whereas the High Court issued an Order of Mandamus compelling the Chairman of the Amnesty Commission and the DPP to grant certificate of amnesty to the Victim for his immediate release, at the time the order was made (on 25th January 2012), the mandate of the Chairman 27 A copy of the affidavit of the Prisons Officer Magomu Wilson attached as evidence. 25 62nd Ordinary Session, 25 April – 9 July 2018