also referred to the Victim's detention without charge in 2006. Therefore,
the Respondent State knew of the case in May 2007, if not earlier, yet no
investigations appear to have been carried out by the time the Complaint
was filed before the Commission in May 2009, almost two years after the
Victim's release. Instead the Respondent State submits that the UHRC by
its mandate can suo moto initiate investigations yet fails to adduce any
evidence that such an investigation has been launched in regards to the
Victim's case.
97. The Complainants therefore submit that it is inconceivable to expect the
Victim to return to Uganda in light of the psychological report findings to
the Victim's health as a result of the torture he allegedly suffered in
Uganda, and in light of the foregoing, request the Con_lmission to find the
Communication Admissible.
Oral Submissions of the Respondent State
98. The Respondent State during the oral hearing held on 17 February 2016,
submitted the following:
i.
the request for oral hearing was .made to amplify its written
submissions on Admissibility in particular, the domestic remedies
available to the Complainants.
ii.
this Communication should be declared Inadmissible as domestic
remedies are available which the Complainants are bound to
exhaust before corning to the Commission in accordance with
Article 56(5) of the African Charter.
iii.
the following remedies are available in Uganda to redress the claims
of the Cmnplainants under the Constitution of Uganda: Article 24
provides that no person shall be subjected to torture and Article
44(2) provides for the non-derrogability from torture. Article 50
provides that where any person claims that a fundamental right has
been infringed, that person can apply to any court for redress,
noting that there have been several cases filed in this regard. Article
52 gives any person or organization a right to bring an action on
his/her own behalf or on behalf of another person including
indigents. The Respondent State cited the case of Greenwich v. AG
of Uganda 2002, where the courts held that another person has the
right to bring an action against any other person.