Victim in 2010 and 2011, while the Victim has been under the custody of the
Respondent State since November 1996.
317. Finally, the Commission has previously established that were it finds that
detainees have been subjected to torture and other forms of ill-treatment,
resulting in physical and psychological harm, this constitutes an unjustified
interference with the detainees right to health.117
318. In view of the foregoing, the Commission finds a violation of Article 16 of the
Charter. The Commission also finds that this constitutes a failure of the State to
provide one of the safeguards against torture, namely access to medical
services.118
Alleged violation of Article 18
319. The Complainants allege that the right of the Victim to family life under
Article 18 (1) of the Charter was violated by the Respondent State. Article 18 (1)
of the Charter provides that “[t]he family shall be the natural unit and basis of
society. It shall be protected by the State which shall take care of its physical
health and moral.” The State has the obligation to assist the family towards
meeting its needs and interests and to protect the same institution from abuse of
any kind by its own officials and organs and by third parties.119
320. The Complainants allege that the Victim was not permitted to receive any
visit while detained at Abu Za’bal, al-Aqrab and Lazoghli. While the Victim was
detained at al-Wadi al Gadeed, although his family had the necessary
authorisations, they were denied access. At Damanhour, the Victim did receive
brief visits, but detainees were beaten before and after the visits, often to the
great distress of the visiting family members. In 2008, the Victim was also
transferred as punishment to a remote prison hundreds of kilometres from his
family home in Cairo.
321. The Complainants submit that for the duration of his entire detention which
was unlawful and arbitrary, the Victim was unable to see his children in Pakistan,
one who was newly born and another who was about three years old. The
Respondent State does not address the allegations relating to Article 18 of the
African Charter.
322. The Luanda Guidelines provide that detainees in police custody or pre-trial
detention shall be provided with appropriate facilities to communicate with, and
receive visits from, their families at regular intervals, subject to reasonable
restrictions and supervision as are necessary in the interests of security.120 It adds
that such contact shall not be denied for more than a few days.121 The Principles
and Guidelines on the Right to Fair Trial, also provides that “[a]nyone who is
As above, para 135.
Robben Island Guidelines, Guideline 20 (b).
119
Communication 313/05 - Kenneth Good v. Republic of Botswana (2010) para 212.
120
Luanda Guidelines, (n 78 above), Guideline 27.
121
As above.
117
118
52