53.
This opinion was reiterated in the case of
,514
LMAN v. TURKEY (application
no. 21986/93) JIIDGMENT 27 June 2000, where the European Court held
that:
"in the light of the importance of the protection afforded by Article 2
(which is in pari materia with Article 4 of the African Charter), the
Court must subject deprivations of ltfe to the most careful scrutiny,
tatking into consideration not only the actions of State agents but also
all the surrounding circumstances.
Persons
in
custody are
in
a
vulnerable position and the authorities are under a duty to protect
theru. Consequently, where an individual is taken into police custody in
good health and
is
found to be injured on release, it is incumbent on
the State to provide a plausible explanation ofhow those tnjuries were
caused. The obligation on the authorities to account
for
the treatment
of an individual in custody particularly stringent where that individual
dies-
54.
"
It follows from the above decisions that State officials are under a duty to
protect persons within their control in detention, where such persons die
whilst in custody, it is incumbent on the State to provide a plausible
explanation of the cause of death.
55.
The Respondent has failed to provide further evidence with regard to this case
to substantiate its claims. F.ven though the autopsy report annexed is of critical
importance, the report alone which was conducted two years after the death
of the deceased is not enough to ascertain the facts leading to his death.
s6.
Flowing from the foregoing, the Court holds that the Respondent has not
accounted
for the circumstances leading to the death of the Applicants'
brother. Consequently, thg Court finds a violation the deceased's right to life,
16
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