Commission has held that being detained arbitrarily, not knowing the
reason or duration of detention, is itself a mental trauma37.
129. The Complainants submit that the Victim now suffers from serious and
life-long physical and psychological health problems as a result of his
arbitrary detention, torture and other ill-treatment. His physical injuries
include but are not limited to anal bleeding, loss of bowel control, urination
of blood, impotence, complete loss of the sense of smell and taste, partial
deafness, partial loss of vision, partial paralysis of the torso, loss of
sensation in the back, joint immobility, frequent fainting episodes, severe
headaches, widespread pain and permanent . scarring. According to the
Complainants, the physical consequence~ ··· of the torture is serious,
significant and ongoing. In addition, the Victim suffers from extreme
psychological problems including Post Traumatic Stress Disorder, as well as
severe depression, loneliness, anger and fear 38 .
130. The Complainants state that the Victim was assessed by medical doctors
namely, Dr. Morten Ekstr0m and Dr. Onder Ozkalipci who concluded,
inter alia, that;" his mental symptomatology and clin.ical evaluation indicate
that he has been massively traumatized; and physical marks on his body are
highly consistent with the allegations of tortureduring his detention period39 ."
131. The Complainants submit that all the acts inflicted on the Victim, as
described above, would satisfy the criteria for any sensible definition of
torture. According to the Complainants, in any event, the acts were
intentionally cai:ried out to inflict severe pain or suffering upon the Victim
during his arbih·~ry detention, .·c onstitute torture or cruel, inhuman, and
degrading treatmerit, in violation of Article 5 of the African Charter.
Alleged Violation of Article 6 of the African Charter
132. The Complainants submit that the Victim was denied his right to liberty
and security of the person and subjected to arbitrary arrest and detention
in violation of Article 6 of the African Charter.
133. The Complainants state that the Victim's arrest was arbih·ary as he was
seized suddenly without explanation, without any lawful basis and was not
3.~ See, Annex 2 containit11; the expert medical report by Drs.
Ozkahpci together with encrosures.
39
Ibid 38