obligation under Article 1 to exercise due diligence and effectively prevent and
respond to violations of the rights enshrined in African Charter. 89
130.Specifically, according to the Complainant, the Respondent State failed to put in
place adequate legislative framework to protect individuals within its jurisdiction
from arbitrary detention, torture, and other ill-treatment by the NISS or to ensure
the right to fair trial or the availability of effective remedies and sanctions in the
event of a breach. The Complainant further submits that the Respondent State has
also failed to investigate allegations of wrongdoing by its agents and took no
measures to ensure the availability of an effective remedy for the Victim.
II.
Submission of the Respondent State on Merits
131.ln accordance with the procedure established by the African Commission, and
despite the considerable time that has elapsed beyond the deadlines prescribed
under the African Commission's Rules of Procedure 2020, the Respondent State
has failed to submit its observations on the Merits of this Communication.
132.Consequently, the African Commission shall proceed with its analysis of the Merits
based solely on the submissions and evidence presented by the Complainant90 .
Ill.
Analysis of the African Commission on the Merits
Alleged Violation of Article 4 of the African Charter
133. Article 4 of the African Charter provides that:
'human beings are inviolable. Every human being shall be
entitled to respect for his life and the integrity of his person.
No one shall be arbitrary deprived of this right'.
134. The Complainant submits that the constant fear experienced by the Victim for the
safety of his life on account of the death threats and treatment meted out on him
by the NISS officers while in detention, violated his right to life as guaranteed under
Article 4 of the African Charter.
135.The Complainant states that the Victim was detained and tortured by the NISS in
1991 up to 2006 and in 2O11.During the period of the Victim's detention, he was
systematically beaten; whipped and deprived of sleep; forced to stand in painful
positions, verbally insulted, called a slave and spy; and threatened with death. The
Complainant further stated that the Victim was told by NISS Officers that he would
be killed if he told anyone about what had unfolded and on one occasion, the Head
of the NISS ordered an officer to take the Victim outside and "kill him in front of the