159. It is also the practice of the Commission to rely on sworn testimonies and a medical certificate as proof of torture 62 . In the present Communication, the Complainants submit sworn testimony of the Victim and medical report provided by Medical Experts and Forensic Physician in 2007 following the Victim's release 63 .The Medical Report also containing pictorial evidence found that "the Victim's mental symptomatology and the clinical evaluation indicates that he has been massively traumatised and the physical marks on his body are highly consistent with the allegation of torture during his detention period" 64 . The Commission in relying on the sworn testimony of the Victim, backed by the medical report, satisfies itself that torture occurred. 160. On the issue of the Complainants allegations that the Victim was held incommunicado for over 23 months, during which period he was denied contact with a legal representative and with . his family members, the Commission in its Principles and Guidelines on Fair Trial provide States an obligation "to ensure that any arrested or detained person is provided with the necessary facilities to communicate with his lawyer, doctor, family and friends" 65 • The Luanda Guidelines also provides for "the right of all persons arrested to contact and access a family member or another person of their choice, and if relevant consular authorities or embassy" 66 . 161.Moreover, the Commission recalls its decision in Amnesty International, Comite Loosli Bachelard, Lawyers' Committee for Human Rights and the Association of Members of the Episcopal Conference of East African Bishops' Conference v. Sudajz and Law Offi{:e of Ghazi Suleiman V: Sudan, where it held that detaining persons without allowing them any contact with their families and refusing to inform the families of the fact and place of their detention, constitutes inhuman treatment of both the detainees and their families . Communication 379/09, Monim Elgak. Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sudanpara 100 62 63 See Annex 2- containing the affidavit of the Victim (describing the places in which he was held). This affidavit also sets out in detail the torture and other ill treatment inflicted. See Annex 3- 9th Annual Report to the Parliament of the Uganda Human Rights Commission (page 31-32) containing a scanned copy of the Makindye Military Barracks 'violent Crime Unit Register containing the Victim 's name, date of an-est but no charge against him. See Annex 4-Medical/psychiatiic Report of Danish Medical Group, Amnesty International and International Rehabilitation Council for Torture Victims in Denmark. 64 See Annex 4 containing the Expert Medical Report by Drs. Mortem Ekstrom and Onder Ozkalipci together with enclosures. ;;.;:; 0N-;;t;;;,-.... 65 Ibid Principle M (2) (e) . -1 sf..CR!:T 4;"' ..,,,, 0 66 Principle 4(d), (£)of the Guidelines on Arrest, Policy Custody and Pre-Trial ~ 'enlio ..,~ ~ ,f'\) · I/{ J .I . @ '~it.' -•y,.. I r, ! i.4 ~;; ti• I AU-UA I ,_ 1 ~.I. ~- 1 ,. :i u}o -...--- ~o ~ ( . 'I,.., <:,<::! ">-(.~i. "R1cA1NE. o<c: "-"' ·il?c er OES pi)SVV

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