provided with residency, food and medical care, the Complainants assert that
detainees were denied essential medical treatment, food, access to information
regarding family members who were also arrested and taken to different
locations and access to lawyers or the NGOs representing them. 54 The State
submits that UNHCR staff were allowed to visit those who remained in the
shelters. There is agreement between the State and the Complainants that the
card carrying refugees were released on 31 December, the day after the incident
in the park, and that by 11 February 2006 all remaining detainees had been
released.
199.
The arguments on lack of access to medical care, food, etc. appear to be based
on the evidence of the Victims. On the evidence of the Victims they were
provided with some medical treatment,55 although at times insufficient. It can
thus not be said that they were denied medical treatment. In addition, the
Victims who testify on access to food indicate that it took between twelve and
fourteen hours from the time of their arrest until they were provided with
food.56 While this is a long time, it cannot be said that they were denied food.
The Commission finds that this treatment thus does not meet the severity
threshold under Article 5.
200.
With regard to the submission that they were denied access to information
regarding family members, it is clear that a person separated from their family
in the night and who has no information on where they are or even whether
they are alive, will be suffering considerable anguish. However, it should also
be considered whether the information was withheld intentionally, or whether,
given the chaos in which the removal took place, as well as the number of
people in custody (more than two thousand), it is realistic to expect that the
State would be able to inform each person about the whereabouts of their
family in the one day period before most of them were released.
201.
Yet, the Commission held in Curtis Doebbler v Sudan, that: "ultimately whether
an act constitutes inhuman degrading treatment or punishment depends on
the circumstances of the case. The African Commission has stated that the
prohibition of torture, cruel, inhuman, or degrading treatment or punishment
This is corroborated by the evidence from Victims Three, Five, Six and Seven above.
The Second Victim was given a bandage for her head wound; the Third Victim was taken to hospital
for treatment of his eye and the head injuries sustained by the Seventh Victim were stitched.
56 See submissions of Fifth and Sixth Victims.
54
55
54