146.The Commission considers that psychosocial treatments (interventions)
include structured counseling, motivational enhancement, case management,
care-coordination, psychotherapy, and relapse prevention. 67 As such, this
amounts to a valid medical report or certificate in the sense that it was made by
a mental health professional. Similarly, in the case of Dhaou Belgacem THABTI v
Tunisia the United Nations Committee Against Torture (UNCAT) noted that "in
support of [the Complainant's] claims of torture and the effects of torture, the
complainant submit[ed] a certificate from a Swiss physiotherapist, a report by a
neurological specialist in Fribourg and a certificate of psychiatric treatment from
the medical service of a Swiss insurance company" 68 ; these formed part of the
evidence on the basis of which the respondent state was found in violation of
the provisions of the Convention Against Torture and Other Cruel Inhumane
and Degrading Treatment. Therefore, for the purposes of assessing the mental
state of a person who has been tortured, such report is valid and can be used as
direct evidence, especially in the Complainant's circumstance where physical
evidence of torture may no longer exist.
147.The Commission in Eg,;ptian Initiative for Personal Rights and Interights v Eg,;pt
has held that 'when a person is injured in detention or while under the control
of security forces, there is a strong presumption that the person was subjected
to torture or ill-treatment. 69 In determining whether physical injuries were
indeed inflicted on a Complainant by State agents, the Commission has noted
that the prompt access to medical personnel becomes critical.7° In this regard,
the Commission notes the Complainant's submission in paragraph 9 above that
after numerous requests, he was subsequently accompanied by two prison
officers to the hospital to seek treatment for the injuries inflicted on him from
the beating of 10 June 2.014. He submits that he was refused an x-ray by the
doctor on-call and subsequently prescribed malaria medication and pain killers,
but no medical certificate was issued.
148. Paragraph 20 of the Resolution on Guidelines and Measures for the
Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (the Robben Island Guidelines) provides
for basic safeguards for those deprived of their liberty, all of which shall apply
from the moment when a person is first deprived of their liberty. An essential
safeguard against torture being 'the right to an independent medical