health by failing to take the necessary measures to protect his health especially given that he was in the custody of State authorities.” 246. In relation to access to medical care the Complainants argue that the State failed to supply adequate access to health care. In particular they make reference to the Fourth Victim who was not provided with medical care when his eye was injured and the Seventh Victim whose lungs were affected, and as a result of on-going lack of medical care, he remains weak and suffers from fainting spells. The State on the other hand avers that seventy-three (73) protesters were injured, but that they received “immediate medical care”, and that three were taken to hospital. In addition, they submit that at the camps people were also provided with medical care. 247. The Commission finds that there is proof in the submissions of both Parties that some medical care was provided, however that in relation to the Fourth and Seventh Victim the State had not provided them with sufficient and adequate medical care, and given that they were in State detention, the State thus failed to meet its obligations under Article 16 (2) in respect of these two Victims. Analysis of Article 18 248. Article 18 (1) of the African Charter provides that the family is the natural unit and basis of society, and shall be protected by the State which shall take care of its physical and moral health. 249. The Complainants contend that the incommunicado detention constituted psychological trauma which also constitutes a breach of Article 18. The Commission found in paragraph 203 above that the detention did not constitute incommunicado detention, and the argument in this regard is thus dismissed. 250. Furthermore, the Complainants submit that the method used of dispersing the protestors had negative consequences for the family of the First Victim, and that the State thus violated the duty to protect all families within its jurisdiction through the decision to break up the protest and the manner of its execution. The State made no submission in relation to Article 18. 70

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