remedy and adequate and effective reparation. The right to an effective
remedy and reparation is widely recognised in international law with
particular reference given to the UN Basic P rinciples and Guidelines
on the Right to a Remedy and Reparation for Victims of Gross violations
of International Human Rights Law and serious violations of International
Humanitarian Laws1.
145. The Complainants submit that the Respondent State has not provided the
Victim with an adequate and effective remedy and reparation for the
terrible violations he has suffered. The Complainants reiterated that the
Victim does not have access to judicial remedies in Uganda which he
could pursue, thus, for the above reasons, the Respondent State has failed to
meet its obligation under Article 1 of the 4frican Charter, read in
conjunction with Article 5, 6 and 7 of the African Charter.
Prayers
146. The Complainants pray that in the present C:ommunication, the Victim
seeks the following remedies:
1)
A finding and/ or declaration by the Commission that the Victim
was subjectto violations of Articles 1, 5, 6 and 7 of the African Charter;
2)
A finding and/ or declaration by the Commission that the Victim
was subject arbitrarily detained and torhlred by individuals and/ or
organisations for whom the Respondent State is responsible
3)
That
the
Commission
direct
the
R e s p o n d e n t
S t a t e to conduct an independent, impartial and thorough
investigation .capable of identifying and punishing those responsible
for the alleged treatment of the Victim as a matter of urgency;
4)
That the Commission remind the Respondent State that in conducting
such an investigation, it is under an obligation to ensure that the
Victim is kept informed of the progress and result of the investigations
as well as any subsequent prosecutions;
5)
That the Commission directs the Respondent State to provide
material and moral damages to the Victim. Such damages must
include, but may not be limited to: