AC PR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
and her enrolment to the Indira Ghandi Open University. In the absence of any
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evidence to the contrary, the Commission is.minded to believe the facts stated in the
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signed witness statement of the Second Complainant wherein she stated the outfits
she has worked for as a journalist, the incident at the school where she Was a teacher
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and her work as a tutor. Therefore, the Commission finds that she is entitled to
compensation for loss of earnings and potential earnings due to her imprisonment
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which should be paid by the Respondent State subjec.tJdpiEf~~nt,ationof the relevant
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documentary evidence and verification of tre act:9ii"':~'.ounts
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human rights violations had not occurred. :
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and payable if the
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The Second Complainant furthe~:.Jfrgues' .tJi~t she ,'.Jso entif eal'to non-
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pecuniary damages because it is ~e,11~sta:~~i.~h~,d
in 'i~ternatio~'i:l~(·f,~~:.!~hat
where an
individual suffers physical and !DLzf,n~J1tal
harri).'.~s~a
consequence,:~(~ breach of their
rights, damages should be aX~iil~ble~~·J~t:~J~f
the'~d~~~l~ remedies. That she suffered
serious and debilitating: ;:plii:§%,~al
and~;~~tg.t.}njUri~~\~~~\:'~
result of the acts and
omissions of the R~~~~n?"e~1::§~*.t~/1Pcir:tic*I~~lYEt~\e,spriditions
of her detention, her
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treatment whil~,t··in det~ntion incl~~i~1gI failure. to provide appropriate medical
assistance had a'serious impact on her li£,eJ:.
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The Co~~~~ion
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also notes '~~hat.:following the arrest and detention of the
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Second Complaina-~
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he was keit in very unsanitary conditions, subjected' to
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prolonged interrogatioit i ,ml.]>.f~!!.>.nal
stress, refused access to visitors, and when she
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was dikgn~sed':withtumQr in her breasts; had typhoid, chronic gastritis and sinusitis
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but did not te~~iv~"ad~~tr~teand appropriate medical care. As a result, she had to
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endure prol~~ged pain and suffering and insomnia. This situation inevitablyled to
frustration, anger~emotional stress and artxiety about the risks to her health. Her right
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to health continued to be violated by the Respondent State throughout her time in
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prison despite the Provisional Measures; issued by the Commission in this regard.
These facts have not been countered by the Respondent. Sta~~".-t~
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reported onthe implementation of the Pr;ovlslOn.aIMeasures.:)trst''W~
In light of the above, the Commission holds that u..·.nclttr the cjf~.~~~.,~tstari<t.e~
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Second Complainant is entitled. to non ... ....
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31 8ijilo Ann
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·"·V~esfiGoast:lf~ior?'Ganibia
Phone: (220) 230 4§64;;~~('220)
441 0504
Email: au-banju!@africa-union.org
https:/achpr:au,intiO
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