Communication 431/12 – Thomas Kwoyelo v. Uganda 294. For the foregoing reasons, the Commission declares that: i. There is no violation of Articles 4, 5, 6, 7(1)(b) & (c), 16 and 26 of the African Charter. ii. The Respondent State has violated the rights of the Victim protected under Articles 3 and 7(1)(a) of the African Charter. iii. There is a partial violation of Article 7(1)(d) of the African Charter relating to the right to be tried within a reasonable time. 295. In view of the above, the Commission: i. Dismisses the Complainants prayers under ‘b’, ‘c’ and ‘d’ relating to effective and impartial investigation into the arrest, detention and subsequent treatment of the Victim; enforcement of domestic legislation relating to preventing torture, cruel and other inhuman and degrading treatment or punishment; and investigation of the alleged violations and trial of the perpetrators respectively. ii. Hereby orders the Government of Uganda to pay adequate compensation to the Victim for the violation of Articles 3 and 7(1)(a) and (d) of the African Charter. In assessing the manner and mode of payment of compensation, the Government of Uganda shall consult the Victim and his legal representatives and shall be guided by international norms and practices relating to payment of compensatory damages. The Commission avails its good offices to facilitate the implementation of this ruling. 81 62nd Ordinary Session, 25 April – 9 July 2018

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