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Human and Peoples' Rights
Collective Responsibility
83. The Complainant further alleged that on 16 February 2011, the officers
assaulted him with plastic pipes, specifically targeting his right shoulder, the
right side of his ribs, and his thighs during his transfer from Kober Prison to
NISS headquarters. He also stated that between 1 6 and 23 February 2011, his
head was forcefully struck against a metal bar in the transit vehicle, and he was
subjected to physical assaults, accompanied by derogatory references to him as
a "Lebanese Dog. 11 Additionally, the Complainant asserted that he was forcibly
injected with unknown substances while being threatened, with the
Respondent State Agent pointing a gun at his genitals.
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84. The Complainant further alleged that on or around 24 February 2011, the
guards at Kober Prison subjected him to severe mistreatment. This
mistreatment included stomping on his right foot, burning his foot with
cigarettes, crushing his finger with a padlock, and kicking him in the genitals.
As a result of these acts, he experienced difficulty walking properly and
suffered damage to a fingernail.
85. Furthermore, the Complainant submitted that the treatment inflicted upon him
by the officials of the Respondent State, with the intention of punishment,
intimidation, extracting a confession, and discrimination, amounts to torture.
As such, the Complainant contended that these actions violate Article 5 of the
African Charter, which prohibits torture and other cruel, inhuman, or
degrading treatment or punishment.
Alleged violation ofArticle 6 of the African Charter (Right to Liberty and Security)
86. The Complainant asserted that the manner in which he was arrested by NISS
officers, along with the subsequent interrogation characterized by beatings and
insults, indicates that the arrest and detention were arbitrary in nature. The
Complainant contended that this pattern of arbitrary arrests and detentions is
evident in his treatment.
87. Furthermore, the Complainant submitted that he was not charged with any
criminal offense throughout the 71 to 78 days of his detention. He asserted that
this lack of formal charges suggests a lack of prima facie evidence o
suspicion of his having committed an offense. The Complain
the deprivation of his liberty, primarily based on his perceiv
the regime, coupled with the manner of his arrest and dete
19
West Coast Region, The Gambia
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Email: au-banju l@africa-union. org
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