communications 59/91, 60/91, 64/91 [sic], 87/93 and 101/93) the Commission must take the word of the
complainant as proven and thus finds a violation of Article 7(1)(c).
25. Finally, the complaint alleges that the conditions of detention of the convicted persons constitute
inhuman and degrading treatment, in violation of Article 5. The government has not made any specific
response to any of the accusations in the communication, and has not provided any information to
contradict the allegations of inhuman and degrading treatment.
26. While being held in a military detention camp is not necessarily inhuman, there is the obvious danger
that normal safeguards on the treatment of prisoners will be lacking. Being deprived of access to one's
lawyer, even after trial and conviction, is a violation of Article 7(1)(c).
27. Being deprived of the right to see one's family is a psychological trauma difficult to justify, and may
constitute inhuman treatment. Deprivation of light, insufficient food and lack of access to medicine or
medical care also constitute violations of Article 5.
Decision of the African Commission
For the above reasons, the Commission
Holds a violation of Articles 5, 7(1)(a), 7(1)(c), 7(1)(d) and 26 .
Appeals to the Government of Nigeria to permit the accused persons a civil re-trial with full access to
lawyers of their choice, and to improve their conditions of detention.
Kigali, Rwanda, 15th November 1999
1 Editor's note: Decision 60/91 has only 14 paragraphs in English and in French. For further information
see ACHPR/60/91:13
2 Editor's note: Decision 87/93 has only 14 paragraphs in English and in French. For further information
see ACHPR/87/93:11
3