70. Paragraphs 1 and 2 of Article 22 of Standard 1 Minimum Rules for the Treatment of Prisoners, adopted by the 1st United Nations Congress for the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its Resolutions 663 C (XXIV) of 31July 1957 and 2076 (LXII) of 13 May 1977, provide as follows: "1. The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most' adequate systems of today, to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of. institutions. ': ' ' 2. In view of the great variety of legal, social, economic· and ' ' geographical conditions of the world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations." · - · 7.1. Paragraph 2, Article 16 of Africa Charter on Human· and Peoples·' Rights, whose violation is alleged, prescribes to States parties signatory to the Charter to take the necessary measures to protect the health of their ·people and to provide them with medical assistance in case of sickness. The Court is of the view that even if the States are given some room for maneuvers, the objective of that provision or its ultimate aim is to - ensure, in accordance with paragraph 1 of the cited Article above, that everyone enjoys the best physical and mental health possible. · 72. In such conditions, every Member State of ECOWAS signatory to the Charter shall particularly see to it that persons whose freedom is curtailed as well as those incarcerated are offered the best possible healthcare by' adopting appropriate measures. It is apparent from the arguments by the Parties that such framework of medical care for detainees and prisoners exists in the Republic of Togo. 73. Therefore, when a detainee or prisoner complaints of violation of his right to health, as enshrined in Article 16 of the Charter, the onus is on ' ' 18 - i

اختر الفقرة المستهدفة3