Communication 431/12 – Thomas Kwoyelo v. Uganda violations of specific rights of the African Charter. A case in point is its General Comment No. 4 on prohibition of torture. In this General Comment, the Commission held that states are precluded from extending blanket amnesty for torture as a gross violation of international human rights law, as a crime against humanity and as a war crime. It violates the victim’s right to judicial protection and to having his cause being heard.74 293. It is, therefore, the considered view of the Commission that blanket or unconditional amnesties that prevent investigations (particularly of those acts amounting to most serious crimes referred to in Article 4(h) of the AU Constitutive Act) are not consistent with the provisions of the African Charter.75 African states in transition from conflict to peace should at all times and under any circumstances desist from taking policy, legal or executive/administrative measures that in fact or in effect grant blanket amnesties, as that would be a flagrant violation of international law. When they resort to amnesties as necessary measures for ending violence and continuing violations and achieving peace and justice, they should respect and honor their international and regional obligations. Most particularly, they should ensure that such amnesties comply with both procedural and substantive conditions. In procedural terms, conditional amnesties should be formulated with the participation of affected communities including victim groups. Substantively speaking, amnesties should not totally exclude the right of victims for remedy, particularly remedies taking the form of getting the truth and reparations. They should also facilitate a measure of reconciliation with perpetrators acknowledging responsibility and victims getting a hearing about and receiving acknowledgment for the violations they suffered. Decision of the Commission on the Merits 74 ACHPR, General Comment on the Right to Redress for Victims of Torture and other Cruel, Inhuman or Degrading Punishment or Treatment under Article 5 of the African Charter on Human and Peoples’ Rights, para 28. 75 See Para 7(1) of the African Charter 80 62nd Ordinary Session, 25 April – 9 July 2018