Africa Charter), Article 4 (Right to life), Article 5 (Prohibition of torture, cruel,
inhumane and degrading treatment), Article 6 (Right to personal liberty and
protection from arbitrary arrest) and Article ?(Right to fair trial) of the African
Charter.
93. The Complainant further submits that the full facts of the case, obtained following
the Victim's release, reveal serious violations of additional human rights
guaranteed in the African Charter, and hereby also allege violations of the right to
freedom of movement and right to leave and return to a country including one's
own (Article 12 (1) and 12 (2)), the right to health (Article 16) and, the right to legal
protection of the rights guaranteed in the Africa Charter (Article 1).
Alleged Violation of Article 4 of the African Charter
94. The Complainant submits that the Commission has held that it would be a narrow
interpretation of the right to life to think it would only be violated when one is
deprived of it. 71 The Complainant states that in that case, the Commission
concurred with the Complainant that the series of arrests and detention suffered
by the victim, and his subsequent going into hiding for fear of his life, violated Article
4 of the African Charter.
95. The Complainant argues that the Victim was detained and tortured by the NISS on
two occasions, first from 1991 up to 2006 and again in 2011 . During the period of
the Victim's detention in 2011 , he was systematically beaten, whipped and
deprived of sleep, as well as being forced to stand in painful positions for hours at
a time. According to the Complainant, the Victim was verbally insulted, repeatedly
called a slave and a spy, and threatened with death. The Victim was also told that
he would be killed if he told anyone about what had unfolded while in custody. After
his release, the Complainant states that the Victim received threatening phone
calls from individuals claiming to be NISS officials, who told him that the next time
he was arrested, he would be killed.
96. The Complainant avers that after the Victim's release, he was closely followed by
NISS officers when going about his daily activities, making him increasingly
anxious for his safety, and that nine (9) days before his eventual arrest, he
relocated from his own home. On another arrest in 2006, live ammunition was shot
intensively and at close range by the arresting officers and while in detention, the
NISS threatened to kill the Victim and on one occasion. When he was first detained,
the head of the NISS ordered another officer to take him outside and "kill him in
front of the office", but he luckily survived. The Complainant argues that for over
two months, the Victim was subjected to severe mental and physical harm, and on
his release, he fled the country, fearing for his life.
97. The Complainant submits that the constant fear for the safety of his life, on account
of the death threats and treatment meted out by the NISS while the Victiutt{~S in
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"Communication 205197, Kazeem Aminu v Nigeria, decided at the 27• ordinary session, May 20: o
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