a_
in line with the above principle that torture is not only limited to bodily injury
but extends to mental suffering subjected to the person in the course of
intenogation and is likely to trigger fear leading to other underlying health
complications. In this wise however,
it is Applicants who are alleging the
torlure who must adduce cogent evidence to establish the occurrence of torture
in the course of the detention and investigations.
76.
Considering the available evidence on record, the Applicants failed woefully
to give any indication of the fact that the deceased was tortured by
the
Respondent's agents when he was in their custody.
77.
In view ofthe foregoing, the Court finds that the Respondent is not in violation
of Article 5 of the African Charter as alleged, consequently, the Applicants'
claim for torture fails.
d.
78.
Allegation of violation of right to presumption of innocence
According to the General Comment 13 para 7 of the United Nations Human
Rights Committee, the presumption of innocence is breached where public
officials prejudge the outcome of a tial. Public officers include judges,
prosecutors, police and government officials, all of whom must avoidmaking
pullrc statemenis of the guilt of
an indjvidual prior to a conviction or after an
acquittal.
79.
The Applicants maintained that the EFCC issued a press release which
portrayed their late brother as a criminal thus causing substantial damage to
his reputation and that of his family. In support of this averment, the
Applicants relied on a press release by the EFCC Chairman after the death of
Mr. Nunugwo. The statemenl had this to say:
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