125.The Complainant states that the Commission in its jurisprudence has elaborated that the State's responsibility in the event of detention is even more evident to the extent that detention centres are its exclusive preserve, hence the physical integrity and welfare of detainees is the responsibility of the competent public authorities.84 According to the Complainant, the right to health indicates a right to be free from torture and a positive obligation to provide access to adequate medical treatment in detention. 126.The Complainant submits that under the submissions related to the violation of Article 5 of the African Charter above, the Victim was denied access to medical treatment for the entire duration of his detention. The Victim was subjected to a range of acts of torture that caused extreme physical and mental pain and anguish in violation of Article 16 of the African Charter. Alleged Violation of Article 1 of the African Charter 127.The Complainant states that Article 1 of the African Charter provides that Member States parties to the present Charter shall recognise the rights, duties and freedoms enshrined in the African Charter and shall undertake to adopt legislative or other measures to give effect to them. The Complainant further states that the African Commission has held that Article 1 of the African Charter gives the latter a legally binding character and that a violation of any provision of the African Charter automatically means a violation of Article 1.85 128.The Complainant avers that the African Commission's jurisprudence has also set out clearly that under Article 1, State Parties have an obligation to respect, protect, promote and fulfil the rights guaranteed in the African Charter,86 thus states have not only a negative obligation to refrain from interfering in the enjoyment of all fundamental rights (respect) but also positive obligations to protect, promote and fulfil rights. This includes the positive obligation to protect right-holders against violations through the adoption of appropriate legislation and policies, the effective investigation of any allegations of violations, and ensuring the availability of effective remedies in the event of a breach of fundamental rights in the African Charter. 87 The Complainant aver that the African Commission held that where abuse does occur, States Parties to the African Charter are also under an obligation to initiate a prompt, impartial and effective investigation in order to bring the perpetrators to justice as well as to afford redress to the victims".88 129.The Complainant submits that in addition to a failure to respect the rights outlined in the present Communication, the Respondent State also failed in its positive