Communication 431/12 – Thomas Kwoyelo v. Uganda
reviewed and through no fault of his own. In the circumstances, the Commission
considers that all available local remedies have been duly exhausted.
Decision of the Commission on Admissibility
49. In view of the above, the Commission declared the Communication Admissible.
Consideration on the Merits
Complainant’s Submission on the Merits
Alleged Violation of Article 3
50. The Complainant contends that the refusal of the Respondent State to grant the
Victim amnesty as it did to over 24,000 other individuals amounts to a violation of
his right to equal protection under the law. The Complainant submits that even
after the Victim’s application for amnesty was denied, the Respondent State
granted amnesty to 274 other people. The Complainant opines that there is no
objective or reasonable explanation why the Victim was ‘selectively treated’ in this
manner by the Respondent State.
51. The Complainant submits that in Legal Resource Foundation v. Zambia, the
Commission noted that “the right to equality is very important […]. It means that
citizens should expect to be treated fairly and justly within the legal system and be
assured of equal treatment before the law and equal enjoyment of the rights
available to all other citizens.”
52. The Commission, according to the Complainant, has previously asserted that “[…]
equality before the law also entails equality in the administration of justice. In this
regard, all individuals should be subject to the same criminal and investigative
procedures in the same manner by law enforcement and the courts […].”
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62nd Ordinary Session, 25 April – 9 July 2018