, . f:)·· AC H PR x' • African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 122. The Commission, therefore, recognizes that incommunicado detention, which prevents a person from accessing legal representation, family, or relatives, constitutes a severe violation of human rights, as it creates an environment conducive to the perpetration of torture. The Commission also notes that such isolation not only deprives individuals of their fundamental rights but also increases the risk of abuse and mistreatment, thereby undermining the principles of justice and human dignity. This aligns with the Commission's decision that complete isolation of imprisoned individuals and detainees can amount to acts of torture, inhuman treatment, and degrading treatment.33 123. Additionally, the Robben Island Guidelines explicitly prohibit incommunicado detention and deem it an offense to detain individuals in undisclosed or unofficial detention facilities. Furthermore, these Guidelines outline specific safety measures that must be observed when initiating detention, such as notifying a family member or a known third party about the detainee's situation. The Robben Island Guidelines also emphasize that States guarantee access to legal and medical services for all individuals deprived of their liberty and uphold their right to receive visits from and correspond with their family members. 124. Considering the specific circumstances presented in the current case, where the Complainant endured a prolonged period of incommunicado detention lasting between 71 and 78 days, during which period he was utterly cut off from communication with the outside world, including his lawyers, family, and the British Embassy, the Commission determines that the Complainant's rights under Article 5 of the African Charter have been violated. The incommunicado detention deprived him of his fundamental rights, subjected him to mistreatment, and caused immense psychological distress and suffering. Physical Assaults by NISS 1 25. The Complainant alleges that he endured numerous instances of severe and brutal physical assaults while under the control of the NISS. The alleged acts of violence include forceful strikes to the throat, intentional crushing of his nail using a metallic object, stomping on the feet with force, kicks to the genitals, deliberate cigarette burns, and various other forms of as previously mentioned. Furthermore, it is claimed that the C subjected to being forcefully restrained at gunpoint, violently s 33 Communication No. 458/199 1,-Mukong v. Cameroon, para 28 28 t'\11 Org�n of the Afriqan t�.�) Union -;,..-7. African Comm 31 Bijilo ts t, bia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org https:/achpr.au.mt/0 0 a