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: 24 Dv^. @ w

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