Communication 431/12 – Thomas Kwoyelo v. Uganda
112.
The JLOS Transitional Justice Working Group accordingly reviewed the Act
and made recommendations as to its role and purpose, its effect, its compatibility
with national and international laws, and the various options for the future of the
Act. According to the Respondent State the review did not refer to the
Constitutional Court’s judgment.32
113.
The Chief Justice, the Respondent notes, as Chairman of the JLOS Leadership
& Steering Committee thereafter convened a meeting where the relevant JLOS
member institutions agreed by consensus on which of the options recommended
should be implemented by the Minister of Internal Affairs. The discussion also did
not refer to the Constitutional Court’s judgment. Whereas the Chief Justice only
chaired the meeting, he did not state any personal views on the Group’s Report or
the Amnesty Act.
114.
In relation to the role of the Chief Justice in the creation of the ICD, the
Respondent contends that the ICD was established in July 2008 by the then
Principal Judge Hon. Justice James Ogoola pursuant to Article 141 of the
Constitution of the Republic of Uganda 1995 under the High Court (International
Crimes Division) practice directions, Legal Notice No. 10 of 2011. It is one of the
Divisions of the High Court of Uganda and was established just as the Criminal
Division, Commercial Division, Land Division, Family Division and AntiCorruption Division, which were established for administrative convenience and
efficiency.
115.
In light of the above, the Respondent State submits that it has not violated
Articles 3, 4, 5, 6, 7.1(a), 7.1(b), 7.1(d), 16 and 26 of the Charter.
32
A copy of the Group’s Review attached to submission.
28
62nd Ordinary Session, 25 April – 9 July 2018