Communication 431/12 – Thomas Kwoyelo v. Uganda Complainant to corroborate his allegation. Nor do the facts of the case reveal violations of Article 26. Alleged Violation of Article 16 268. Article 16 of the Charter relates to the right to health and provides that: 1. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. State Parties to the present Charter shall take the necessary measures to protect the health of the people and to ensure that they receive medical attention when they are sick. 269. Both Common Article 3 of the Geneva Conventions and the relevant Article 7 of Additional Protocol II of the 1949 Geneva Conventions stipulates that the wounded and the sick should be cared for and in the terms of the latter article ‘shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition (without any distinction on any grounds other than medical ones)’. 270. Similarly, Articles 4(2)(a) and 5(1)(d) of the same Additional Protocol prohibit violence to life, health and physical integrity and guarantee the right to medical examination to internees and detainees respectively. These relate to what are referred to as above ‘rules on material conditions of detention’. 271. The purpose of the rules on material conditions of detention is to ensure that detaining authorities adequately provide for detainees’ physical and psychological needs, which include food, accommodation, health, hygiene, contacts with the outside world, and others. Treaty and customary IHL provide a substantial catalogue of standards pertaining to conditions of detention, as do human rights 72 62nd Ordinary Session, 25 April – 9 July 2018

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