iv.
the Constitution of Uganda in Article 137 allows any person who
wants to challenge a violation of their rights in Uganda to petition
the Constitutional Court22 .
v.
there are <;1-lso other avenues available for the Victim to lodge a
complaint particularly through the UHRC, whose core function is to
investigate any complaint in accordance with Article 53 of the
Constitution.
vi.
the UHRC is independent, fully constituted, hears and grants
appropriate remedies such as rehabilitation, ·n:i.edical care and
psycho-social remedies.
vii.
the UHRC has been handling many complai1its of this nature 'since
its establishment and accordingly, the Complainants have not
bothered to lodge a singl~. complaint in the Respondent State before
bringing the Communication to the Commission.
viii.
the Complainant$ allegation that by b_rihging the case before the
Courts in Ugai:t;4ar. the Victim wi11-J?e required to pay for securicy for
is baseless as the Courts ~n Uganda have refused to award costs in
matters of human rights. ·
•.
ix.
Uganda has enacted the Prevention of Torture Act of 2012, which
criminalizes torture and affirm_$· its non-derrogable nature including
a sentence , of life imprisonm~nt. The Act also provides for strong
investigations to be carried out and confers a ducy to anyone who
has reasonable grounds to report such acts and provides
·. . remedies/compensation where torture has been properly proved.
Ftuthermore, under the Constitution of Uganda, where a person is
incapacitated to bring a case, a complaint can be brought anytime
within 5 years of the time he is incapacitated and the Victim is still
withiptime to bring a case in Uganda, which he has failed to do.
x.
as such, there is no proof that the Victim filed a case in any Court in
Uganda or the UHRC. The Complainants have thus made no
attempt to file any case through the above-mentioned avenues and
have also failed to proof the Victim's indigence.
xi.
local remedies have not been exhausted and the Communication
should be declared Inadmissible.