Communication 431/12 – Thomas Kwoyelo v. Uganda
Affidavit of the Victim dated 11 October 2011, which is included in the dossier does
not support such allegations.
209.
The Complainant has not, therefore, provided the kind of details or information
required for establishing the occurrence of the alleged acts. In the absence of such
details or provision of any other evidence supporting the Complaints, the
occurrence of the alleged acts, which are proscribed in both Common Article 3 of
the Geneva Convention and Article 4 of Protocol II to the Geneva Conventions,
cannot be established reasonably. The Respondent, on the other hand, refutes
every single allegation and assertion and supports them, although not in all cases,
through evidence.
210.
The Commission recognizes that the Respondent has the duty to investigate
and try with due diligence those alleged to have committed torture and other cruel,
inhumane or degrading treatment or punishment. However, nowhere in its
submission has the Complainant indicated that the alleged act of torture and illtreatment by agents of the State were in any way or form brought to the attention
of the concerned State authorities.
211.
Even if it were to be argued that the stringent requirements of human rights
standards of notifying the relevant authorities of the alleged acts should not apply
in relation to Common Article 3 of the Geneva Conventions and Article 4 of
Protocol II to the Geneva Conventions, provision of relevant information that
establish that the relevant authorities should have learned or known of the
occurrence of the acts is necessary.
212.
The Commission acknowledges the challenges and risks involved for victims
of torture and ill-treatment in reporting acts of torture and ill-treatment while in
detention or internment. Nevertheless, in the case at hand, the Victim who was
ably, it seems, represented by lawyers did not provide the information necessary
to enable the Commission to make a finding that the relevant State authorities were
informed or should have noticed or known of the acts. There is also no indication
57
62nd Ordinary Session, 25 April – 9 July 2018
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