Prosecutor. They also allege that the SSI agents applied electric shocks to
several parts of his body. They further allege that this beatings and torture
took place before and after his interrogation sessions by state security
prosecutors which started on 3 November 2004.
105. The Complainants also submit that the First Victim initially denied
involvement in the bombings but due to the beatings and torture was
compelled to change his plea and confessed on 4 November 2004. They also
submit that the First Victim was not allowed access to his family, lawyers,
medical care until 24 March 2005.
106. The Complainants aver that the Second Victim, Ossama Mohamed AbdelGhani Al-Nakhlawy, who was arrested on 12 August 2005, was tortured by
SSI officers during the initial period of his detention and questioning,
includes the use of electric shocks, beatings and suspension from the roof in
painful positions. They further submit that, during the interrogation session
which spanned over seven months, the Second Victim was denied access to
his legal counsel.
107. They submit on behalf of the Third Victim, Younis Mohamed Abu-Gareer,
that between 28 September 2005 and 20 November 2005, he was questioned
by SSI officers in at least twenty-five sessions and that he was subjected to
electric shocks and suspended by the hands and legs in painful positions.
108. In arguing this case, the Complainants further refer to the African
Commission‟s jurisprudence18 where it held that the prohibition of torture,
cruel, inhuman or degrading treatment includes „actions which cause serious
physical or psychological suffering (or) humiliate the individual or force him
or her to act against his or her will or conscience‟.
18
See International Pen, Constitutional Rights Project, Interights (on behalf of Ken Saro-Wiwa) v. Nigeria (Comm. nos
137/94, 139/94, 154/96 and 161/97), para. 79.
26