The High Court in Kampala has set January 9 2012 as the date for a ruling on whether or not the former Lord Resistance Army (LRA) rebel Thomas Kwoyelo should be released from jail.
The high court made the announcement shortly after both the state and the defense submitted there defenses for and against his detention.
In his submission, the director of Public Prosecutions Richard Buteera through his representatives, said Kwoyelo cannot be released because he has other pending criminal charges.
In his letter dated November 17, to Nathan Twinomugisha, the principal legal officer of Amnesty Commission, the DPP advised the amnesty commission against issuing Kwoyelo amnesty certificates, on grounds that he has other pending criminal charges.
The letter was tendered before High Court in Kampala presided over by Judge Vincent Zehurikirize on Thursday.
The accused is also charged for grave breaches of the Geneva Conventions which constitute to international crimes for which amnesty cannot be granted, said the DPP.
Kwoyelo’s lawyers led by Caleb Alaka argued that failure to issue Kwoyelo with an Amnesty Certificate defies the land mark Constitutional Court ruling of September 22.
The ruling among others ordered the International Crimes Division of the High Court sitting in Gulu to immediately cease Kwoyelo trial.
The Constitutional Court said that the failure by the DPP and the Amnesty Commission to grant Kwoyelo amnesty was unconstitutional since he was discriminated against by not being granted the amnesty and yet other former rebels who had renounced rebel activities like him, had been granted amnesty.
Alaka was seeking the court’s orders to compel the DPP and Amnesty Commission to among others grant Kwoyelo amnesty.
The Senior Principal State Attorney from the DPP's office Joan Kagezi, and State Attorney Peruth Tushemereirwe from the Attorney General's chambers, argued that the two institutions did not defy any court orders.
Tushemereirwe argued that the DPP acted by advising the Amnesty Commission not to grant amnesty to Kwoyelo, because he had other pending criminal charges, which advice the Amnesty Commission obeyed.
Kwoyelo who was has been on remand at Luzira since the Constitutional Court ruling ordered to cease his trial on September 22, was battling over 53 charges of murder, willful killing, and kidnap with intent to kill, aggravated robbery, and destruction of property.
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