70. Paragraphs 1 and 2 of Article 22 of Standard 1 Minimum Rules for the
Treatment of Prisoners, adopted by the 1st United Nations Congress for
the Prevention of Crime and the Treatment of Offenders, held at Geneva
in 1955, and approved by the Economic and Social Council by its
Resolutions 663 C (XXIV) of 31July 1957 and 2076 (LXII) of 13 May 1977,
provide as follows:
"1. The following rules are not intended to describe in detail a model
system of penal institutions. They seek only, on the basis of the general
consensus of contemporary thought and the essential elements of the
most' adequate systems of today, to set out what is generally accepted
as being good principle and practice in the treatment of prisoners and
the management
of. institutions.
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2. In view of the great variety of legal, social, economic· and
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geographical conditions of the world, it is evident that not all of the
rules are capable of application in all places and at all times. They
should, however, serve to stimulate a constant endeavour to overcome
practical difficulties in the way of their application, in the knowledge
that they represent, as a whole, the minimum conditions which are
accepted as suitable by the United Nations."
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· 7.1. Paragraph 2, Article 16 of Africa Charter on Human· and Peoples·'
Rights, whose violation is alleged, prescribes to States parties signatory
to the Charter to take the necessary measures to protect the health of
their ·people and to provide them with medical assistance in case of
sickness. The Court is of the view that even if the States are given some
room for maneuvers, the objective of that provision or its ultimate aim
is to - ensure, in accordance with paragraph 1 of the cited Article above,
that everyone enjoys the best physical and mental health possible. ·
72. In such conditions, every Member State of ECOWAS signatory to the
Charter shall particularly see to it that persons whose freedom is
curtailed as well as those incarcerated are offered the best possible
healthcare by' adopting appropriate measures. It is apparent from the
arguments by the Parties that such framework of medical care for
detainees and prisoners exists in the Republic of Togo.
73. Therefore, when a detainee or prisoner complaints of violation of his
right to health, as enshrined in Article 16 of the Charter, the onus is on
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