Communication 431/12 – Thomas Kwoyelo v. Uganda torture. In what follows, the Commission examines whether there is any indication to show that these acts were indeed committed. 205. In response to the alleged acts of torture, the Respondent State denies that the Victim was ever subjected to torture, inhuman and degrading treatment. According to the Respondent State the allegations of torture are untrue and unsubstantiated, and hence should be dismissed. 206. The Respondent avers that the Victim was treated humanely and in accordance with the law while in recuperative custody, and that he was not tortured as alleged. He was also supposedly allowed to have visitors and accordingly his mother paid frequent visits. He was also informed of his right to get a legal counsel, but did not request to do so. 207. The Respondent denies that the Victim was detained in a private residence or subjected to inhumane treatment and torture. The Respondent prefers that he was taken to Bombo Hospital in Kampala for treatment and later to the First Infantry Division Headquarters in Kikiri, Wakiso District as a ‘PoW’. 208. While it is not sufficient for the Respondent to merely refute allegations by denying them, the Commission also notes that the onus is on the Complainant to provide relevant supporting materials to corroborate his allegations. Allegation is not the same as proof. The Complainant has in this regard failed to give the required specific details of the alleged violations or to substantiate any of the allegations of torture and inhumane treatment made in the Communication or even to refute the arguments of the Respondent State. There is no adequate material either to show the reference made to his current state of physical pain is a result of the alleged acts of torture or the injury that the Victim suffered during the fighting at which he was captured. The affidavit of the Victim that the Complainant refers to in the submission, which supposedly indicates that he was ill-treated is not in the dossier of evidence submitted to the Commission. The other 56 62nd Ordinary Session, 25 April – 9 July 2018