Communication 431/12 – Thomas Kwoyelo v. Uganda 62. The Complainant submits that despite the Victim surrendering to the Ugandan Peoples Defence Force (UPDF) in March 2009, he was shot in the process. The Complainant further submits that shortly thereafter, and prior to recovering from his injuries, the Victim was abducted from the hospital by Ugandan military intelligence, taken to a private residence where he was subjected to inhumane treatment and tortured for three months. According to the Complainant, during this time the Victim was neither allowed access to legal counsel nor produced before any court. 63. The Complainant states that in June 2009 the Victim was charged with various offences under Uganda’s penal code and moved to Gulu Prison (Northern Uganda) and thereafter to Luzira Upper Prison (Central Uganda). On 26 August of 2010, the Victim was charged with violation of Uganda’s 1964 Geneva Conventions Act. The Complainant submits that nearly a year passed after the Victim’s arrest before he was allowed access to legal counsel or next of kin. 64. While in detention, the Complainant submits, on 12 January 2010 the Victim petitioned for amnesty under Uganda’s Amnesty Act, and was declared eligible for amnesty by the Amnesty Commission. However, the Complainant avers that the DPP refused to issue the Victim an amnesty certificate.10 65. On 22 September 2011 the Constitutional Court, following a petition by the Counsel of the Victim dated 25 July 2011, made a unanimous decision that the Victim qualified for amnesty and was denied equal protection. The Complainant states that the Constitutional Court also ordered for the trial of the Victim before the ICD to cease forthwith.11 Submitted as Annexure is a copy of a letter from Uganda’s Amnesty Commission stating that the complainant qualified and was eligible for Amnesty. 11 Submitted as Annexure is a copy of the decision of Uganda’s Constitutional Court in Constitutional Reference 36 of 2011 declaring that the complainant was not treated equally under the law and ordering the cessation of his trial by the International Crimes Division. 10 15 62nd Ordinary Session, 25 April – 9 July 2018