118. The Complainant submits that the Respondent State is under an obligation to
put in place procedural safeguards in order to prevent detainees from being
subjected to abuse, and where the abuse occurs, States are obligated to initiate a
prompt and impartial investigation in order to bring perpetrators to justice as
well as afford to redress the victim.
119. The Complainant states that on 10 June 2014, he was violently beaten by four
NISS officers at the al-Nuhood Police Station. He was violently kicked, dragged
outside and beaten using fists and sticks. The beating lasted for approximately
20 minutes, and resulted in the Complainant hitting his head against a metal
bench and losing consciousness. The Complainant avers that as a result of the
abuse, he suffered injuries to his head and left leg.
120. The Complainant submits that beating a detainee to the point of
unconsciousness amounts to torture, inhumane and degrading punishment.
The Complainant cites in support of his argument Monim Elgak, Osman
Hummeida and AmirSuliman (represented by FIDH and OMCT) v Sudan,43 where
the Commission considered similar conducts by NISS officers and found a
violation of Article 5.
121. The Complainant submits that the conditions of his detention violate the
provisions of Article 5 of the African Charter. He states that he was held for 20
days in a holding cell which was severely overcrowded, unsanitary and he was
forced to sleep on the cold ground, which worsened the pain of the injuries
inflicted on him from the beating of 10 June 2014. He submits that he had
difficulties sleeping, eating or drinking and his repeated requests to see a doctor
and a lawyer were denied. The Complainant refers to Abdel Hadi & Others v
Republic of Sudan, where the African Commission observed that" ... holding a
person in detention under conditions that are not in keeping with his dignity
and pose a threat to his health amounts to cruel, inhuman and degrading
treatment or punishment.'' 44
122. The Complainant contends that the nature of his arrest, interrogation, abuse
and detention reveals the clear intention of the Respondent State to punish him
for his journalistic coverage of the SCP symposium. The Complainant argues
that he was being punished for publishing articles regarding Mr El-Sheikh's
speech about violence committed by the Rapid Support Forces and for
publishing articles on his arrest. Further stating that this intention is evident, as
his arrest was effected while he was on his way to visit Mr El-Sheikh, this was
shortly after he shared news of Mr El-Sheikh's arrest with his newspaper and
on his Facebook account.
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