Communication 431/12 – Thomas Kwoyelo v. Uganda 53. The Complainant also makes reference to the Commission’s jurisprudence wherein it states that “[…]parties can only establish that they have not been treated equally by the law, if it is proved that the treatment received was discriminatory or selective...”. 54. In light of the above arguments, the Complainant prays the Commission to find a violation of Article 3 of the Charter by the Respondent State. Alleged Violations of Articles 4, 5, 16(1) and (2) 55. The Complainant avers that the Commission provided its clearest explanation of Article 5 in Ken Saro-Wiwa v. Nigeria when it opined that “Article 5 of the Charter prohibits not only cruel but also inhuman and degrading treatment. This includes not only actions which cause serious physical or psychological suffering, but which humiliate or force the individual against his will or conscience”. 56. The Complainant also makes reference to Civil Liberties Organisation v. Nigeria wherein the Commission found that deprivation of family visits constitutes ‘inhuman treatment’ and that deprivation of light, insufficient food and lack of access to medicine or medical care constitute violations of Article 5. 57. The Complainant states that despite being visibly wounded on his arrest, the Victim was not given medical assistance and when he complained he was allegedly beaten by state agents, who retorted that the available drugs were meant only for soldiers of the UPDF. It is alleged that it took more than 48 hours before the Victim was properly examined by a medical personnel. The Complainant avers 13 62nd Ordinary Session, 25 April – 9 July 2018