examination'. 71 The Istanbul Protocol further provides that 'A medical examination should be undertaken regardless of the length of time since the torture, but if it is alleged to have happened IA>ithin the past six weeks, such an examination should be arranged urgently before acute signs fade.' 72 It is evident from the facts before the Commission that the Respondent State failed in its obligation to put in place these procedural safeguard. 149. As earlier noted, the Respondent State is responsible for the security of any person it holds in detention and, when an individual in detention shows signs of injury, it is incumbent on the State to produce evidence showing that it is not responsible. In the absence of satisfactory evidence or explanations to the contrary presented by the State, the Commission shall consider the facts as presented by the Complainant as established.73 The course of event as described by the Complainant shows that the treatment was inflicted by security agents acting in their official capacity, with the intent to punish the Complainant for his publication on the SCP symposium, particularly on the speech made by Mr. El-Sheikh, as he was accused of misinforming the public, spreading lies and associating with rebel groups, during the interrogation process. 74 The Commission considers that this treatment was of such a cruel nature that it attained the threshold of severity to amount to torture. 150.Further, Article 5 of the African Charter prohibits not only torture but cruel, inhuman and degrading treatment. The Commission notes the Complainant's submission that during his period of detention at al-Nuhood prison, he was held in a narrow, damp, dirty and overcrowded cell with 12 to 16 other detainees. He submits that there was not enough space for one to sleep comfortably, as such he slept on the cold floor, which worsened the pajn from the injuries inflicted on him. The Commission also notes his submissions on the poor sanitary conditions of the detention facility and the unhygienic conditions of the food, which contained insects and dirt, making it inedible. 151. The Commission reiterates that the term cruel, inhuman or degrading treatment includes not only actions which cause serious physical or Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatme nt or Punishment in Africa (The Robben Island Guidelines) 2002 sec 20(b). 72 lstanbul Protocol - Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 9 August 1999 (reproduced as OHCHR, Professional Training Series No. 8/Rev. 1, UN Doc. HR/P/PT/8/Rev.1, available at http:/ /www.irct.org/Default.aspx?ID=2701), para. 104. 73 Communicatio n 48/90, 50/91, 52/91 and 89/93 - Am11esty l11ternational, Comite Loosli Bac/1elard, Lawyers' Committee for Human Rights, Association of Members of the Episc Conference of East Africa v Sudan para. 52 and Communication 227/99 - Democratic Republi ngwM • &di, Rwanda, Ugmzdapara 96 ,_,.J,~ s~cRET-1,.,,.q;\-o '° 74 Complainant's Submission on the Merits para 48. , 0.;;:~ «e;_ 71 , u ~ ~ I ~ y <I: I~ 8 5 ~ ., c l ':. ;:. ' 4 \\ ~ ~ AU-UA .,: --- -- ,rJ ..,. \;_ ( o,., :.:, ' ~,S..04, "'k~/C A\Nt. \),:_-?"'v'?/ ~ ~En Of.Sf>~ ' · ... ~ . 36 I P c1 g e