Communication 431/12 – Thomas Kwoyelo v. Uganda
227.
The Respondent State denies the allegations and argues that after the Victim
was transferred to police custody, he was informed of his right to receive visitors
and engage legal counsel, but did not request to do so. Furthermore, the
Respondent claims that even after the two criminal cases brought against the
Victim were cause-listed for court appearance in June 2009, he was offered to be
availed defense counsel by the State, but he declined.
228.
The Complainant neither counters the submissions of the Respondent, nor does
he provide evidence to substantiate the allegations or to show how he has been
disadvantaged or prejudiced by such denial of right by the Respondent. Producing
a document that indicates the date when the legal counsel started representing the
Victim would have been easy and sufficient since it is the same Complainant before
the Commission that represented the Victim before domestic courts.
229.
Thus, the Commission is of the view that the Complainant has failed to
convince the Commission that his right to legal counsel was denied by the
Respondent.
230.
Regarding the right to visit by family members, as established above, while the
Victim claims that he was denied visitation right, the Respondent counters it by
indicating that he was not denied this right and that in fact his mother paid him
frequent visits. The Complainant did not adequately substantiate his claim or
refute the claim by the State despite being given a chance to counter the
submissions of the State. Therefore, the Commission takes the claims of the
Respondent as fact.
62
62nd Ordinary Session, 25 April – 9 July 2018
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