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.
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