- 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:

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