safeguard, all of which shall apply from the moment when they are first
deprived of their liberty. These include:
a) The right that a relative or relative or other appropriate third person is
notified of the detention;
b) The right to an independent medical examination;
c) The right of access to a lawyer; and
d) Notification of the above rights in a language which the person deprived
of their liberty understand.
175. In the present case, the victims were not examined by doctors at any point
during their pre-trial detention. Even when they reported their torture and
ill-treatment, they were still denied access to medical personnel by the
authorities.
176. Only when the allegations of torture were made for the second time during
the trial itself did the Judge order the examination of the Victims by the FMA.
The forensic examination conducted by the authorities plainly did not satisfy
the obligations set out above, as it was carried out more than 6 months after
the Victims complained that they were subjected to torture and ill-treatment
and was, therefore, ineffectual as a method of prevention or investigation.
177. The African Commission therefore holds that the failure by the Respondent
State to provide prompt medical services to the victims whiles they were
under detention violates the victims‟ rights to prompt medical services whiles
under custody.
178. The African Commission also notes that the victims were denied counsel
during their detention, including the critical interrogation sessions. In the
Jamaican Case of Osbourne Wright and Eric Harvey v. Jamaica, adopted on
27 October 1995, the United Nations Human Rights Committee has held that
52
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات