Communication 431/12 – Thomas Kwoyelo v. Uganda 202. A state has the duty to ensure that detainees are not subjected to acts of torture and other cruel, inhuman and degrading treatment while they are in detention. And this duty is also equally present in times of war as stipulated above. A State Party to the African Charter also has the duty to allow and facilitate visitation by family members and acquaintances, and legal counsel of the detainee’s choice.51 The allegations of the Complainant will accordingly be appraised in light of this fact in particular taking into account the fact that the standard that applies in IHL and in human rights with respect to torture are not different. 203. The Complainant alleges that while in detention, the Victim was denied medicine and proper medical care and visitation by his family and legal counsel. The Complainant also alleges that during his detention in the private residence of an official of the Chieftaincy of Military Intelligence for three months, he was forced to sleep on the floor, without any bedding and was afforded no toilet facilities. According to the Complainant, the Victim was deprived of sleep during interrogations and allowed only about three hours a day for exercise and given only one meal a day. These acts meted out against the Victim by agents of the Respondent State, the Complainant argues, amount to a violation of Article 5 of the Charter. 204. Indeed, if the Complainant were subject to these acts after his capture and before his delivery to police custody, these acts would be in breach of both Common Article 3 of the Geneva Conventions and Article 4 of Protocol II to the Geneva Convention. If such breach of these IHL rules were to happen, it would thus establish violation of Article 5 of the Charter particularly with respect to torture, cruel, inhumane and degrading treatment. Indeed, if proved, the acts (deprivation of medical care or of sleep or absence of toilet) to which the Victim was allegedly subjected would amount at the very least to ill treatment if not to ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines), (2014), Guidelines 4. 51 55 62nd Ordinary Session, 25 April – 9 July 2018