care provided, constitutes a violation of his right to the best attainable state of
health as provided in Article 16 of the African Charter. He further avers that the
conditions of his detention severely affected his mental well-being in ways that
continue to impact him even after his release on 9 September 2014.
170. The Commission notes that the facts establish that the Complainant sustained
injuries to his head and left leg as a result of the abuse of 10 June 2014. The
Complainant further submits that these injurie were worsened by the
deplorable conditions of detention at al-Nuhood prison, where he was
remanded for a period of twenty (20) days. These condition as highlighted
above include: detention in a severely overcrowded prison cell, the absence of
adequate sanitary facilities, poor food and nutrition and the psychological toll
of being held indefinitely without charge.1°7
171. The right to health implies not only the freedom from diseases, but the
complete physical, mental and social wellbeing of a person. 108 As a result, the
interpretation of the right to health is not limited to medical care but must be
construed as inclusive of access to food, water, sanitation and the basic
conditions of living that are determinants of health. 109 This principle was
substantiated by the Commission in Purohit n.nd Moore v The Gambia where it
held that the right to health is " ... crucial to the realisation of all the other
fundamental human rights and freedoms. This right includes the right to health
facilities, access to goods and services to be guaranteed to all without
discrimination of any kind."110
172.The Commission notes the Complainant's submissions that he had migraines
which intensified at night, and he was unable to eat, drink or sleep for several
days due to the pain. However, his persistent requests to visit a doctor were
rejected, and he was only taken to a hospital seven (7) days after his detention,
upon the intervention of a visiting lawyer. The Complainant also submits that
his request for a full body examination was refused, and he was subsequently
prescribed malaria and pain medication after undergoing a urine and blood test.
These averments have not been contested by the Respondent State.
173.Regarding the denial of medical care, the Commission recalls its jurisprudence
in International PEN and Others (on behalfof Ken Saro-Wiwa Jnr) v Nigeria wherein
it held that State responsibility is heightened in cases where an individual is in
its custody, as the detainee's well-being and integrity is completely dependent