'
:CHP:
' AC H PR
African Commission on
Human Rights our
. • Human and Peoples' Rights
Collective Responsibility
1 33.
The Conunission has consistently affirmed this position, as exemplified
in the case of HuriLaws v. Nigeria, 41 where it ruled that the " treatment meted out
to the victim " constituted a violation of Article 5 of the African Charter. This
ruling further reinforces the Commission's commitment to upholding the
rights and well-being 0£ individuals. It emphasizes the need to hold States
accountable for any actions that breach the prohibition of cruel, inhuman, or
degrading punishment or treatment.
134.
The detailed account of the physical assaults and their profound
repercussions on the Compla inant's well-being underscores the gravity of the
circumstances. The medical evidence not only corroborates the Complainant's
assertions regarding the torture endured by the Complainant but also
u nderscores the severity of the physical attacks detailed in his medical
assessment. This report affirms that the physical and psychological
ramifications align with the defining traits of torture, as per established
standards. Consequently, this medical documentation bolsters the
Complainant's claims that he was subjected to acts of torture.
135.
Upon thorough scrutiny of the facts and evidence presented by the
Complainant, the Commission decisively concludes that the treatment meted
out to the Complainant unequivocally meets the criteria for torture, thereby
constituting a clear violation of Article 5 of the African Charter.
Alleged violation of Article 6 of the African Charter (Right to Liberty and
Security)
136.
Article 6 of the African Charter provides that:
EvenJ individual shall h.ave the right to liberhJ and the securihJ of his person. No one
may be deprived of his freedom except for reasons and conditions previously laid down
by law. ln particular, no one may be arbitrarily arrested or detained.
1 37.
According to the Complainant, his arrest by NISS officers and the
subsequent interrogation were marked by beatings and insults, sug e
the u nderlying p urpose of the arrest and detention aligns with
arbitrary arrests and detentions. The Complainant argues that d
41
n 39 above.
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