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 […].” 12 62nd Ordinary Session, 25 April – 9 July 2018

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