-
48,
Purstiant
to Article
Rights,
which
charge
shall
9(3)
provides
be
of the
that
International
“Anyone
brought
promptly
Pact
on
Civil
arrested or detained
before
a judge
and
Political
ona criminal
or
other
officer
authorized by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to release...,” it shall be appropriate to
order the immediate release of Mr. Alimu Akeem.
(b) Regarding violation of Article 5 of the Charter
49,The
Applicant
alleges
that
during
his
detention,
he
tortured at the military prison of 72 Para Battalion of the
Makurdi.
=
50. The
Court
Charter
notes
(Article
5),
that
the
torture
is strictly forbidden
International
Covenant
on
Rights (Article 7), the Universal Declaration of Human
and
other
regional
and
rights. The prohibition
international
instruments
of torture forms part of the
was
physically
Nigerian Army,
pursuant
Civil
and
to the:
Political
Rights (Article 5),
relating
binding
to
human
norms
of
international law which must not be transgressed by the State.
51. The fourt adjudges that for a State to be blamed Toran Hlicit conduct,
the incriminating acts alleged against that State must be manifest, or
sufficiently established, within the particular circumstances of the case,
or have a high degree of probability.
f
52. The Court cannot therefore uphold a blame against a Member State for
acts of torture on the basis of mere allegations, especially in the absence
of convincing proofs. Whereas, in the instant case, the Applicant does
not bring any evidence in support of allegations as to torture. The Court
thus adjudges that it is unable to adjudicate on that issue, within the
given circumstances of the case.
53. The
ae
Court
notes
against Torture
and
however
that
the
1G
December
1984
Convention
Other Cruel, Inhuman or Degrading Treatment or
Federal Republic of Nigeria is party to since 28
Punishment, which the
t
June 2001
(the cate
Nigeria
ratified the Convention),
provides
respectively in its Articles 11 and 12 as follows: