Communication 431/12 – Thomas Kwoyelo v. Uganda that to date the Victim still experiences pain all over his body and as a result pays regular visits to the prison hospital. 58. The Complainant further submits that he was taken to the private residence of an official of the Chieftaincy of Military Intelligence for over three (3) months where he was forced to sleep on the floor, without any bedding and was afforded no toilet facilities. He was also allegedly deprived of sleep during interrogations and allowed only about three hours a day for exercise and given only one meal a day.9 59. According to the Complainant, the acts against the Victim include the infliction of physical, mental and emotional injury, which have affected his physical and mental wellbeing contrary to Article 16 of the Charter. 60. In this regard, the Complainant submits that the Respondent State failed in its positive obligation to prevent cruel, inhuman and degrading treatment and investigate the allegations impartially, in violation of Articles 5, 4 and 16 of the African Charter. Alleged Violation of Article 6 61. The Complainant states that in Zegveld and Ephrem v. Eritrea wherein it found a violation of Article 6 of the Charter, the Commission observed that all detained persons ‘must have prompt access to a lawyer and to their families’, and ‘their rights with regards to physical and mental health must be protected’ and that ‘the lawfulness of detention must be determined by a court of law ‘or other appropriate judicial authority’, and it should be possible to challenge the grounds that justify prolonged detention on a periodic basis.’ The Complainant refers the Commission to paragraphs 14 &15 of the complainant’s affidavit, attached as Annexture, in support of the reference Constitutional Court dated 15th August 2011. 9 14 62nd Ordinary Session, 25 April – 9 July 2018