Communication 431/12 – Thomas Kwoyelo v. Uganda instruments, from which a list of standards can be derived that can be used in assessing material conditions of detention.62 272. The Complainant avers that although the Victim was visibly wounded from the gunshot he sustained, on his arrest the Victim was not given medical assistance and when he complained, he was beaten by agents retorting that the available drugs are meant only for soldiers of the UPDF. The Complainant also alleges that it took more than 48 hours for any medical personnel to properly examine the Victim. As a result, to date, the Complainant still experiences pain all over his body with routine visits to the prison hospital. 273. These acts, according to the Complainant, which include the infliction of physical, mental and emotional injury violate Article 16 of the Charter. If these acts were to be established, they would be deemed violation of the applicable IHL rules, which is the basis for finding violation of Article 16 of the Charter since the alleged acts complained of refer to the time from the capture of the victim to the time of his transfer to police custody for investigation and prosecution. 274. In Media Rights Agenda et al v. Nigeria, the Commission found that ‘the responsibility of the government is heightened in cases where the individual is in its custody and therefore someone whose integrity and well-being is completely dependent on the activities of the authorities. To deny a detainee access to doctors while his health is deteriorating is a violation of Article 16’.63 The Commission reiterated this same position in Ken Saro-Wiwa v. Nigeria wherein the victim was denied medical services despite official requests made by a prison doctor.64 ICRC, n 34 above, p. 16. Communications 105/93-128/94-130/94-152/96 Media Rights Agenda et al v. Nigeria (1998), para. 91. 64 ACHPR, Communications 137/94, 139/94, 154/96 and 161/97 – International Pen, Constitutional Rights Project, Interights (on behalf of Ken Saro-Wiwa) v. Nigeria, (1998), para. 112. 62 63 73 62nd Ordinary Session, 25 April – 9 July 2018