130. The Commission observes that the right to work, in a broad sense, implies the right to enter
employment, and the right not to be deprived of employment unfairly. In that regard, the Commission
recalls its decision in Zimbabwe Lawyers for Human Rights &Associated Newspapers of Zimbabwe v
Zimbabwe , 39 in which it found a violation of Article 15 of the Charter where the Respondent State had
without just cause, closed down the Complainant's business premises.
131. The present Communication is no different. It has not been shown that the Respondent State had any
legitimate reason for closing down KCHRED and freezing its bank account, which resulted to a loss of Mr.
Amir's source of income. The Commission considers that such unjustified interference with Mr. Amir's
employment was arbitrary and contravenes Article 15 of the Charter.
Alleged Violation of Article 16
132. It is submitted by the Complainants that their treatment under NISS detention resulted to physical and
psychological harm, in violation of their right to enjoy the best attainable standards of physical and mental
health, in violation of Article 16 of the Charter. It is also submitted that the denial of medical care to Mr.
Osman Hummeida violated Article 16 of the Charter.
133. Article 16 of the Charter provides as follows:
Every individual shall have the right to enjoy the best attainable state of physical and mental health. State
parties to the present Charter shall take the necessary measures to protect the health of their people and to
ensure that they receive medical treatment when they are sick.
134. The Commission observes that according to its Principles and Guidelines on the Implementation
of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights , the
right to health includes the right to control one's health and body and the right to be free from interferences,
such as the right to be free from torture and other forms of ill-treatment. 40
135. The Commission notes, as established above, that the Complainants were subjected to torture and
other forms of ill-treatment while in NISS detention which resulted to physical and psychological harm. The
Commission considers that this was an unjustified interference with the Complainants' right to health.
136. With regards to the denial of medical care to Mr. Osman Hummeida, the Commission recalls that
States are under the obligation to respect the right to health by, inter alia , refraining from denying or
limiting equal access for all persons, including detainees, to health services. The Commission recalls
further its decision in Media Rights Agenda and Constitutional Rights Project v Nigeria , in which the
Commission held that the State's responsibility in the event of detention is even more evident to the extent
that detention centers are its exclusive preserve, hence the physical integrity and welfare of detainees is
the responsibility of the competent public authorities. 41
137. The Complainants have submitted that even though Mr. Hummeida suffered from high blood pressure,
the medication given to him was not adequate to guarantee his health. The Commission notes that the
treatment still left him in a situation which was both life threatening and jeopardized his health. The
Commission considers that the State in this circumstance violated his right to health by failing to take the
necessary measures to protect his health especially given that he was in the custody of State authorities.
Alleged violation of Article 1
138. The Complainants have submitted that by failing to take measures to protect them from the violations
they suffered and to investigate the allegations of torture as well as having an inadequate legal framework
that does not effectively guarantee some of the rights guaranteed under the Charter, the Respondent State
violated provisions of Article 1 of the Charter.
17