Communication 431/12 – Thomas Kwoyelo v. Uganda 1. Every individual shall have the right to have his cause heard. This comprises: a. The right to an appeal to competent national organs against acts violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; b. The right to be presumed innocent until proved guilty by a competent court or tribunal; c. The right to defence, including the right to be defended by counsel of his choice; d. The right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender. 217. As established above, the Victim was caught while he was on active combat mission. Thus, the issue of arbitrary arrest does not arise, confining the consideration hereunder to the existence or otherwise of arbitrary detention and mistreatment from the time of capture until the time of transfer to police custody. In assessing the legality of the conditions and manner of his detention during this period the applicable provisions are Articles 6 and 7 of the Charter and Common Article 3 and Article 6 of Additional Protocol II to the 1949 Geneva Conventions. 218. Detention or deprivation of liberty is an inevitable and lawful incidence of armed conflict, including NIAC.52 The applicable rules of IHL prescribe certain standards of treatment that should apply upon the capture and during the detention those captured in the course of hostilities. Common Article 3 of the Geneva Conventions of 1949 stipulates that ‘[p]ersons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those 52 ICRC, n 34 above, p.15. 59 62nd Ordinary Session, 25 April – 9 July 2018