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Human Rights ou,
Human and Peoples' Rights
Collective Responsibility
r ight of every human being, irrespective of race, religion, political beliefs,
economic or social status. This right is closely interconnected with various
other human rights, such as the rights to life, food, water, non-discrimination,
privacy, and the prohibition of torture.
crn».l' ,
1 99.
Furthermore, it is important to recognize that human rights are inherent,
universal, and indivisible. Consequently, the right to health of individuals,
including prisoners, is critical to human rights, ensuring that individuals
within the criminal justice system receive humane and dignified treatment.
Like any other individuals, the Commission firmly believes prisoners possess
the right to enjoy the highest attainable physical and mental health standards,
as guaranteed under Article 1 6 of the African Charter.
200.
This perspective acknowledges that individuals should not be deprived
of their right to health solely due to their incarcerated status. Rather, it
emphasizes the importance of upholding the right to health for all individuals,
irrespective of their circumstances, including those within the criminal justice
system. This approach is consistent with the principles of dignity, non
discrimination, and the promotion of well-being.
201 .
l n the present case, the Complainant alleges that officials of the
Respondent State deliberately i nflicted severe pain and suffering on him,
amounting to acts of torture that have had significant adverse effects on his
health. Furthermore, despite the Complainant's repeated pleas, access to
necessary medical care was unjustly denied. These allegations find support in
the Medical Report, which documents scars on his body consistent with torture
and indicates the presence of Post-traumatic stress d isorder (PTSD) as a result
of the traumatic experiences endured.
202.
The Commission recognizes the seriousness of these allegations, which
raise substantial concerns regarding violating the Complainant's right to
health. The deliberate infliction of severe pain and suffering, coupled with the
denial of access to medical care, not only poses risks to the Complainant's
physical and mental well-being but also undermines core principles such as
human dignity and the prohibition of cruel, inhuman, or degrading h·eatment
as already established by the C01m11ission.
203.
ln the case of Free Legal Assistance Group et al. v Democrati
of Congo, the Commission highlighted that the failure to provide
services, including access to safe drinking water and medicine w
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Phone: (220) 230 4361 Fax: (220) 441 05 04
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