78. The Complainants state that there is no criminal offence of torture in
Uganda, and for that reason, there can be no criminal investigations or
prosecutions for the crime of torture as such. Hence, the Complainants
assert that even if those responsible for the alleged violations committed
against the Victim were prosecuted by ordinary offences, these fail to
capture the specific nature of torture. The Complainants submit that for
these reasons, the Victim was unable to file a criminal complaint in
Uganda.
79. The Complainants argue that even if the Victim had a prospect of filling a
civil complaint and obtaining reparation in, · civil proceedings, such
proceedings would not be a sufficient remedy for ;ehe Victim as the
complaint is alleging serious violations of human rights, such as torture
and seeking an investigation into these violations.
80. Accordingly, the Complainants _submit that both the Ugandan Courts and
the UHRC do not present availal?le and effective fora in which the Victim
could seek a remedy and reparatio1,1. The Complainants indicate that on 1
August 2008, the Victi,m · submitted a formal ·request to the Rwandan
Minister of Foreign -· Affairs and Cooperation to provide him with
diplomatic protection by espou~ing his claim with the Government of
Uganda and the Victim's representatives . received no response to this
request. In addition, they claim that on 18 'December 2008, the Victim's
representatives wrote to the Minister of Foreign Affairs and Cooperation
repeating the request to formally espouse the Victim's claim and
requesting a response by 10 January 2009; and they have received no
response. For the abovementioned reasons, the Complainants assert that
no available and effective remedies exist by which the Victim could pursue
his cla1m again~t the Respondent State.
Respondent State's Submission on Admissibility
81. The Respor:ident State challenges the Admissibility of the Complainants
submission. The Respondent State submits that the Communication does
not fulfill the requirements set out in Article 56(5) of the African Charter,
which requires that local remedies should have been exhausted before a
complaint is brought to the Commission, and thus should be declared
inadmissible.