Communication 431/12 – Thomas Kwoyelo v. Uganda
that this was raised at any point in the various proceedings in the national courts.
In the absence of such information, the occurrence of the acts and hence violation
of Common Article 3 of the Geneva Conventions and Article 4 of Protocol II to the
Geneva Conventions could not reasonably be established.
213.
In light of the above, the Commission does not have sufficient information to
find that there has been a violation of Article 5 of the Charter in respect to any of
the prohibited acts under this article including forms of exploitation and
degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or
degrading punishment and treatment.
214.
It is noteworthy to underscore that as a quasi-judicial body established to
complement national jurisdictions in the promotion and protection of human and
peoples’ rights, the Commission exercises its contentious jurisdiction over matters
that were addressed by or at least brought to the attention of concerned and
competent national juridical organs. Or it has to be proven that such national
remedies are not available, ineffective or insufficient. In the absence of either of
these two scenarios, assumption of jurisdiction by the Commission would be
tantamount to arrogating to itself the role of a first instance court, which is neither
envisaged by the Charter nor practical or necessary or appropriate.
Alleged Violations of Article 6 and 7
215.
Articles 6 of the Charter provides that:
Every individual shall have the right to liberty and to the security of his person. No
one may be deprived of his freedom except for reasons and conditions previously laid
down by law. In particular, no one may be arbitrarily arrested or detained.
216.
And Article 7 reads:
58
62nd Ordinary Session, 25 April – 9 July 2018
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