139. In view of the above, the Commission:
i. Does not find violation of Article 5 of the African Charter;
ii. Finds violations of Article 6, Article 7(1)(b), (c), (d) and Article 26 of the Charter;
iii. Hereby orders the Government of Uganda to pay adequate compensation to the Victims for the violations of Article 6, Article 7(1)(b), (c), (d) and Article 26 of the Charter. In assessing the manner and mode of payment of compensation, the Government of Uganda 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;
iv. Further directs to the Government of Uganda to determine the whereabouts of Mr. Samson Agupio, confirm that Mr. Agupio was released from detention following the nolle prosequi entered by the Director of Prosecutions and inform the Commission accordingly;
v. Directs the Government of Uganda to ensure that the provisions of the Uganda Peoples’ Defence Forces Act No. 7 of 2005, through which the Victims who are civilians were charged in the General Court Martial, is revised to prohibit the trial of civilians before military courts;
vi. Calls on the Government of Uganda to train its military personnel and law enforcement officials on human rights principles, including the African Charter, the Guidelines on the Conditions of Arrest, Police Custody and PreTrial detention in Africa, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa, among others;
vii. 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.
Done in Dakar, Senegal, at the 22nd Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights held from 29 July to 07 August 2017
