Communication 431/12 – Thomas Kwoyelo v. Uganda
294.
For the foregoing reasons, the Commission declares that:
i.
There is no violation of Articles 4, 5, 6, 7(1)(b) & (c), 16 and 26 of the
African Charter.
ii.
The Respondent State has violated the rights of the Victim protected
under Articles 3 and 7(1)(a) of the African Charter.
iii.
There is a partial violation of Article 7(1)(d) of the African Charter
relating to the right to be tried within a reasonable time.
295.
In view of the above, the Commission:
i.
Dismisses the Complainants prayers under ‘b’, ‘c’ and ‘d’ relating
to effective and impartial investigation into the arrest, detention
and subsequent treatment of the Victim; enforcement of domestic
legislation relating to preventing torture, cruel and other
inhuman and degrading treatment or punishment; and
investigation of the alleged violations and trial of the perpetrators
respectively.
ii.
Hereby orders the Government of Uganda to pay adequate
compensation to the Victim for the violation of Articles 3 and
7(1)(a) and (d) of the African Charter. In assessing the manner
and mode of payment of compensation, the Government of
Uganda shall consult the Victim and his legal representatives and
shall be guided by international norms and practices relating to
payment of compensatory damages. The Commission avails its
good offices to facilitate the implementation of this ruling.
81
62nd Ordinary Session, 25 April – 9 July 2018
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