Communication 431/12 – Thomas Kwoyelo v. Uganda
195.
In light of the above, the Commission is of the view that by interpreting and
applying the provisions of the Amnesty Act differently without any reasonable
justification or explanation, the Respondent State violated the right to equal
protection of the law afforded to the Victim as provided under Article 3 (2) of the
Charter.
Alleged Violation of Article 4
196.
Article 4 of the African Charter which guarantees the right to life provides that
‘[h]uman beings are inviolable. Every human being shall be entitled to respect for
his life and the integrity of his person. No one may be arbitrarily deprived of this
right.’
197.
In its submissions, the Complainant also alleges a violation of the right to life
as guaranteed under Article 4 of the Charter. However, the Complainant does not
make specific arguments for it or show how the actions or inactions of the
Respondent violated the right to life of the Victim.
198.
The Commission also observes that from the submissions of the parties and in
light of its rulings below with regard to the right to health and freedom from
torture, there is no basis to find the Respondent in violation of Article 4 of the
Charter.
Alleged Violation of Article 5
199.
Article 5 of the Charter reads:
Every individual shall have the right to the respect of the dignity inherent in a human
being and to the recognition of his legal status. All forms of exploitation and
degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or
degrading punishment and treatment shall be prohibited.
53
62nd Ordinary Session, 25 April – 9 July 2018
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