Complainant claimed that the Victim was again promised by an investigation officer
on 11 October 2011 that he would be released within ten days, which did not
materialize. As the security personnel did not fulfil their promises of releasing the
Victim, the Complainant alleged that the Victim staged two more hunger strikes,
for which he was rather threatened with a charge of attempted suicide instead of
being released. Within this period, the Complainant submitted that the Victim was
treated for low blood sugar level, back pain, and tingling foot, among others, but
was still not released but moved from one cell to another. The Complainant aver
that the Victim's access to medical care, which was paid for by his family, was also
delayed on many occasions, and he was denied hospital admission which was
recommended for his recovery.
16. Following the expiration of his detention extension on 16 June 2012, the
Complainant submits that the Victim again protested his continued detention with
another hunger strike on 20 June 2012, as a result of which prison authorities
transferred him to the Office of Crimes against the State Prosecutor on 21 June
2012, where he was taken to see the Prosecutor. The Complainant avers that by
this time, a crowd made up of the Victim's family and several human rights activists
had started a protest outside the premises of the Office of Crimes against the State
Prosecutor, demanding his release. Upon the presentation of the Victim, the
Complainant claims that the Prosecutor indicated that he was unaware that the
Victim had been re-detained by NSS on 14 August 2011, and then allowed him to
see his family without restriction for an hour, as well as his lawyer for the first time,
before he was returned to his cell.
17. The Complainant further submits that the Victim was brought before another
prosecutor on 24 June 2012, who demanded that he call off another protest for his
release which was ongoing outside the Office of the Prosecutor, which, through his
lawyer, he agreed to, on the condition that he should either be released on bail or
be tried, and that he should be transferred to a hospital due to his deteriorating
health. The prosecutor allegedly agreed, and the Victim was transferred to a
hospital.
18. Finally, the Complainant alleges that the Victim was eventually released on bail on
27 June 2012 on the condition that he would obtain one guarantor, would not leave
the country, and would report to the State Prosecutor's Office once a week,
accompanied by his guarantor. Following this, the guards watching the Victim were
withdrawn from the hospital where he had been admitted, and he was discharged
from the hospital on 03 July 2012.
19. The Complainant contends that the Victim should not be required to exhaust local
remedies due to several factors that hinder access to effective domestic remedies,
such as legislative limitations, fear of reprisal, and the lack of any action by the
Respondent State despite being aware of his allegations of torture.