ACHPR
African Commission on
Human and Peoples' Ri9hts
Human Rights our
Collective Responsibility
that a Fine Needle Aspiration (FNA) Procedure be conducted to confirm same but
instead
she was compelled
to do a biopsy,
a more intrusive
procedure
as
recommended by the Prison Facility nurse on 13 March 2013 despite indicating FNA
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as her preference as per the Radiologist' s ad~ice. Upon receipt of the biopsy results,
another surgery of the right breast was r~commended
but after series of failed
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appointments, she was not operated upon dnd she stayed with so much discomfort
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,,' ,.,}, ""
and pain on the right breast for the remaind~r of her ,ti~~tik,~~i$pn. She also submits
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that due to the unsanitary
conditions of tre
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Pf;iso~:;.s,~ealso' contracted typhoid,
chronic gastritis and sinusitis until the time sh~was relea~edfr9:tp'pr,ison. in 20:L5.
182.
",.ote, ,~~tth~~ii~~p\>~d~nt'S~ati~id not
In light of the above, the Commissi
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comply with its minimum
rticle iO'~tof,
.the Charter as
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core o];>,lfga1;
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exemplified in. its jUriSprudenc~/,a~~i!~te Grid)
Second Complainant
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'4~;':i~."i;~:!;;
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, 's; in that it ha~~ri~t provided the
with ~9cess to torigi~9ns of , •.':t~~tion consistent with human
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dignity and the highest crttai.tlal?lestandfl'fal~,gf:,healthaU;~:!t(5'poorsanitary conditions
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of the prison. Ith~~i~!~2.'t~i~~ed
{8~~~~i.~eas~res';tQ~;~~~.~:f.~'·adequate
and timely medical
treatment
incll1i~i~g acc~~s to ~~~'~f~,t!~ll
drug~:/'hained
i(,>
preventives me~~;rres against diseases;h~¥i~g
">~".<~,
medical
personnel
and
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regard especially to her health needs
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<'r
as a woman beC~p:El,~
the treatment and care
given to her was grossly inadequate
to
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.
,; "- ;, ~:' ,,_
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guarantee her he~li~~I;;;rather left h~r in ~ situation which was both life threatening
and\j,~6'~~tdi~ed
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4·,
J~I~~t,the absence of any counter evidence and/or
h~;':"
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submis'~i<?n~''ft9~'~4e,,,~espondent State and having regard to its non-response to the
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Provisional.Measures
iS$.uedto prevent irreparable harm to the Second Complainant,
the Commission finds a violation of Article 16 of the Charter by the Respondent State.
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Reparations
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.
183.
The Second Complainant
. ov. ~~~RIAT
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d. amages as a resu 1to' f t h e :VI:. 'I ations
.
. ~
pecumary
resu 1"
ting 111 h e f:;r?'mpns~~rt
'i 'b\
should be awarded damages.,
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591 P age
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alleges that she suffered both R. ~J:~~~.'~Ly-afla~no~,p.
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The African Commission
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SION A.:R\C.~ ":>~v;
O~l;J~(q!').Q!p.e~o~§
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~ghts
31 Bijilo Annex Layout. Kombo North District,
West Coast Hegion Gambia
Phone: (220) 230 4361 Fax: (220) 441 0504
Email: au-banjul@africa-union,org
https:/achpr.au,intlO
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