Thomas Kwoyelo v. Uganda - 431/12


295. In view of the above, the Commission:

i. Dismisses the Complainants prayers under ‘b’, ‘c’ and ‘d’ relating to effective and impartial investigation into the arrest, detention and subsequent treatment of the Victim; enforcement of domestic legislation relating to preventing torture, cruel and other inhuman and degrading treatment or punishment; and investigation of the alleged violations and trial of the perpetrators respectively.

ii. Hereby orders the Government of Uganda to pay adequate compensation to the Victim for the violation of Articles 3 and 7(1)(a) and (d) of the African Charter. In assessing the manner and mode of payment of compensation, the Government of Uganda shall consult the Victim and his legal representatives and shall be guided by international norms and practices relating to payment of compensatory damages. The Commission avails its good offices to facilitate the implementation of this ruling. Communication 431/12 – Thomas Kwoyelo v. Uganda 82 62 nd Ordinary Session, 25 April – 9 July 2018

iii. Requests the Government of Uganda to inform the Commission within one-hundred and eighty (180) days of being notified of this decision, the measures taken to implement the present decision in accordance with Rule 112(2) of the Rules of Procedure of the Commission.

iv. Urge the Uganda Human Rights Commission to use its statutory powers under section 52 (1)(h) of the Constitution of Uganda to monitor the Government’s compliance with the decision.

Done in Banjul, The Gambia, at the 23rd Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights held from 12 to 22 February 2018.