Communication 431/12 – Thomas Kwoyelo v. Uganda 227. The Respondent State denies the allegations and argues that after the Victim was transferred to police custody, he was informed of his right to receive visitors and engage legal counsel, but did not request to do so. Furthermore, the Respondent claims that even after the two criminal cases brought against the Victim were cause-listed for court appearance in June 2009, he was offered to be availed defense counsel by the State, but he declined. 228. The Complainant neither counters the submissions of the Respondent, nor does he provide evidence to substantiate the allegations or to show how he has been disadvantaged or prejudiced by such denial of right by the Respondent. Producing a document that indicates the date when the legal counsel started representing the Victim would have been easy and sufficient since it is the same Complainant before the Commission that represented the Victim before domestic courts. 229. Thus, the Commission is of the view that the Complainant has failed to convince the Commission that his right to legal counsel was denied by the Respondent. 230. Regarding the right to visit by family members, as established above, while the Victim claims that he was denied visitation right, the Respondent counters it by indicating that he was not denied this right and that in fact his mother paid him frequent visits. The Complainant did not adequately substantiate his claim or refute the claim by the State despite being given a chance to counter the submissions of the State. Therefore, the Commission takes the claims of the Respondent as fact. 62 62nd Ordinary Session, 25 April – 9 July 2018