Communication 431/12 – Thomas Kwoyelo v. Uganda 116. The Respondent State also responds to the arguments of the Complainant proffered under each of the articles of the Charter alleged to have been violated, which is summarized below. Alleged Violation of Article 3 117. The Respondent asserts that the Victim has at all times been given equal protection of the law. He was availed legal representation at State expense but he declined the offer/right. It is the Respondent’s submission that in the case of Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development v. Republic of Zimbabwe, the Commission observed rightly that the meaning of the “right to equality carries with it the connotation of equal treatment”, however, the Respondent also adds that equal treatment before the law ought to be applied under similar conditions. 118. The Respondent concedes that equal treatment means that all persons within the jurisdiction of the State should expect to be treated fairly and justly and be assured of equal enjoyment of the rights. The Respondent argues that the Complainant was availed all those rights enjoyed by ordinary Ugandans. The Respondent adds that when the Victim was remanded, he was however, held in lawful custody pending trial for various offences that he is alleged to have committed against civilian populations. The Complainant stands accused of grave breaches and violations of human rights of, among others, women and children and further for violations of international humanitarian law. He has been produced before the Ugandan Courts of Record in keeping with the principle of due process and equality before the law. The Respondent State submits that it is not in doubt that one of the salient provisions under the Uganda Constitution of 1995 is the presumption of innocence until proven guilty. 119. That notwithstanding, it is further the Respondent’s argument that one of the core principles under the principle of protection of the law, that have been 29 62nd Ordinary Session, 25 April – 9 July 2018