Communication. The Complainants state that while Respondent State
argues that it ratified international conventions that would ensure the
Victim's safety and security once he enters Ugandan territory to institute
his suit, it does not provide any evidence as to how these international
treaties are implemented by the State in practice. The Complainants refer
to the UHRC' s Twelfth Annual Report of 2009 that stated that it faces a
number of challenges in particular in relation to Complaints initiated by
victims of torture against the Uganda Police Force and that there are
reprisals against victims and witnesses by security operatives. 20
93. The Complainants argue that developments subsequent'to the filing of the
initial complaint in May 2009, illusb'ate the risks the Victim would be
exposed to should he return to Uganda, namely continued arbitrary
detention and further torture illustrated by tlle facts as stated in para. 1519 above. The Complainants cited tht Commis,sion's decision in John D.
Ouko v Kenya, where the Com:rriissiqit held th,a t where the Complainant
is unable to pursue any domestic remedy following his flight to the DRC
for fear of his life, and his subsequent r~cognition as a refugee by the
Office of the UNHCR, the Complainant is unable to pursue any domestic
remedy, and therefor,e declared the Communication admissible, based on
the principle of constructive exhaustion of local reinedies. 21
94. For the above reasons, the Complainants submit that the Victim was not
and still is notable to return to Uganda to lodge a complaint due to fear of
his life and the remedies referred to by the Respondent State were and are
not readily accessible and hence'not available to the Victim.
95. Regarding the Victim's health, the Complainants note that their initial
subm~ssion included a detailed expert medical and psychological report
setting out the constraints preventing the Victim from h·avelling to
Uganda to attempt to exhaust local remedies. The reports are based on a
comprehensive two months treatment of the Victim in a rehabilitation
centre specialised for rehabilitating victims of torture. This report
confirmed that the Victim is suffering from severe depression and posth·aumatic sb'ess disorder concluding that the Victim was massively
traumatized.
96. The Complainants further note that the Victim's release in May 2007 was
widely reported in the media and the Annual Report of the UHRC of 2006,