Communication 431/12 – Thomas Kwoyelo v. Uganda 136. The Complainant alleges that in March 2009, the Victim, a former child soldier and commander in the LRA, surrendered, was shot and severely wounded on the battlefield in the DRC. And shortly thereafter, and before recovering from his injuries, he was abducted from the hospital by Ugandan military intelligence, and taken to a private residence of an officer of the Chieftaincy of Military Intelligence also known as ‘safe house’. 137. Although the fact of the Victim being a child when joining the LRA is contested by the Respondent State, the Commission will not look into the dispute since it is not relevant for any of the issues raised in the case under consideration. 138. The Respondent State also denies the assertion by the Complainant that the Victim surrendered and that he was shot afterwards. Instead, the Respondent states that the Victim was shot and captured during combat in the Garamba Forest in DRC. 139. The background information in the ruling of the Constitutional Court of Uganda dated 22 September 2011 also indicates that the Victim was captured, and hence did not surrender. The affidavit by the Assistant Inspector of Police who was investigating the case of the Victim also corroborates the assertions of the State that the Victim was captured after being shot and wounded during a gun battle between the UPDF and the LRA. The Complainant did not challenge such assertion, nor has he adduced any record or proof showing that the Victim in fact surrendered and was shot afterwards. 140. The Complainant’s claim of abduction from hospital, after the Victim was captured, by Ugandan military intelligence is also refuted by the Respondent State. The Respondent avers that after his capture, the Victim was transferred to Uganda and taken to the general military hospital, Bombo Hospital, in Kampala, for medical treatment. After recovery, he was taken to the 1st Infantry Division Headquarters in Kakiri, Wakiso District, for full recuperation as a prisoner of war 35 62nd Ordinary Session, 25 April – 9 July 2018