(Y. f) 6�!j,Ef1 p.CHPJl Human s;ghts our Human and Peoples' Rights Collective Responsibility whether the actions inflicted upon the Complainant meet the threshold of severe pain and suffering and whether they fall within the definition of torture as defined in international human rights standards. "lilljcm:.o:o • Incommunicado Detention 119. The Complainant alleges that the Respondent State subjected him to incommunicado detention for 71 to 78 days. During this time, despite repeated requests, he was denied the right to contact his family, seek legal representation, or establish communication with the British Embassy. The Complainant argues that regardless of their legal status, all detainees are entitled to basic human rights standards, including prompt access to legal representation and the ability to communicate with their families. 120. Through its jurisprudence, the Commission has held that secret detentions are not permissible, and States must allow prisoners to maintain contact with their lawyers and families. In the Article 19 case, the Commission reiterated that holding an individual without allowing them to have contact with their family and refusing to inform the family of the detainee's location is considered inhuman treatment, affecting both the detainee and their concerned family. 28 The Commission further emphasized that no political situation or circumstances can justify holding detainees incommunicado, as the right to be free from torture is an absolute right.29 121. Furthermore, The Commission, in the case of Zegveld and Ephrem v. Eritrea, emphasized that prolonged incommunicado detention and/ or solitary confinement alone could be considered a form of cruel, inhuman, or degrading punishment and treatment. 30 This was also echoed in Law Ghazi Suleiman v. Sudan, where the Commission explicitly stated that the act of detaining individuals without permitting them to have contact with their families and . withholding information about the detention from their families amounted to inhuman treatment. 31 This ruling emphasized that such treatment affected not only the detainees themselves but also their families, who are left in a state of uncertainty and distress. The Commission recognized the profound impact of this practice on the well-being and dignity of the detainees and their loved ones, underscoring the obligation to uphold the right to family co. o"' 4,v � provide timely and accurate information regarding the 1:,,�\�bY1' 4 1on 0 individuals. 32 1 <� lr ' 2a Ibid, para 101 29 Ibid 30 Communication 250/02 : Liesbeth Zegveld and Mussie Ephrem v Eritrea, para 55 31 Communications 222/98 and 229/99- Law Office of Ghazi Suleiman v Sudan 32 ibid -0 u.l 0 ) z � c n - ' 5 C � ';. � 9: ' � • \.. ,1J t--<1i.... r • v '1 <c, "" 1 ,1,r E 1 of" ;•\. --=:---- 27 At1 Organ or lhe Afriqan (�11 Union "'w,,'l African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a