' :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. An Organ or the -�, Afriqan f: Unron \-.,/I. / 31 31 Bijilo Ann ia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-ban jul@africa-union.org https:/achpr au.mt/0 0 a

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