manifests as physical or mental harm. This includes a wide range of acts that
violate human dignity, including but not limited to denying individuals contact with
their families, subjecting them to overcrowded prison conditions, physical assault
or beatings, depriving them of adequate lighting, withholding sufficient food and
water, denying access to necessary medicine or medical care, and inflicting other
forms of physical and psychological torture.
152.The African Commission in determining acts that constitute torture also remain
guided by its position in Malawi African Association, Amnesty International, Ms Sarr
Diop, Union interafricaine des droits de l'Homme and RADDHO, Collectif des
veuves et ayants-Droit, Association mauritanienne des droits de l'Homme v
Mauritania 104,where the detainees were beaten and forced to make statements;
denied the opportunity of sleeping and being held in solitary confinement, detailed
instances of torture, cruel, inhuman and degrading treatments. In Krishna
Achuthan (on behalf of Aleke Banda), Amnesty International (on behalf of Orton
and Vera Chirwa), Amnesty International (on behalf of Orton and Vera Chirwa) v
Malawi 105, the African Commission held that aspects of the treatment of victims
such as excessive solitary confinement, shackling within a cell, extremely poorquality food and denial of access to adequate medical care, violated Article 5 of the
African Charter.
153.Furthermore, the African Commission's Resolution on Guidelines and Measures
for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (The Robben Island Guidelines) sets out that
the right to an independent medical examination is a basic procedural safeguard
for the prevention of torture 106 and that states should "[e]nsure that all persons
deprived of their liberty should have access to medical services and assistance". 107
154.Given the above, it is the African Commission's view that the lengthy
incommunicado detention of the Victim for the entire duration of his detention,
including, the prolonged denial of access to family and denial of medical care and
treatment, constitutes torture, inhuman and degrading treatment or punishment.
155.The African Commission, therefore, holds that the Respondent State violated
Article 5 of the African Charter.
Alleged Violation of Article 6 of the African Charter
156.Article 6 of the African Charter provides that:
'Everyone has the right to liberty and security of person. No one shall be
deprived of their liberty except on such grounds and under such conditions as