ACHPR
African Commission 011
Human and Peoples' nights
Human Hights our
Collective Hesponsibilitv
110. The Complainants claim that the Victim suffered restrictions in accessing
healthcare even before he was detained. Further, they aver that the conditions of
prisons in the Respondent state, are abysmal, exposing detainees to tremendous
health risks, which are often life threatening.
111. The Commission considers the right to life the supreme right of every human
being, and the foundation of all other human rights.4S Without this right, the
Commission has observed, all other rights lack meaning.w This right is violated
when the Respondent State exposes individuals to "personal suffering and
... deprive him of his dignity."47
112. To ensure that other rights are meaningful, the Commission advances a broad
interpretation of the right to life, that includes dignity, health, livelihood and to
live in peace.w The UN Human Right Committee has similarly emphasized that
" the right to life includes the right of persons to befree from acts and omission or expected
to cause their unnatural or premature death and to live in dignihJ."49
113. The Commission recognizes that a violationof Article 4 can occur without
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resulting in death. The African Court on Human and Peoples' Rights, in African
Commission on Human and Peoples' Rights v Kenya held that" contrary to other human
rights instruments, the Charter established the link between the right to life and the
inviolable nature and integrity of the human being."SO Consequently, the denial of
essential necessitit.s therefore, such as medical attention can constitute a violation
of the right to life, as the state has the obligation to ensure 'respect to life'.sl
Noah Kazingachire, John Chitsenga, Elias Chemuura and Baianai Hadzisi (represented by Zimbabwe Human
Rights NCO Forum) v Zimbabwe Communication 295/04,
46 Sudan Human Rights Organisation
and Centre for Housing Rights and Evictions (COHRE) v Sudan,
Communications 279/03-296/05, para 146
47 John K Modise v Botswana, Communication
97/93, Decision on the Merits: Amicable settlement
48 General Comment NO.3 on the Right to Life, Adopted During the 57th Ordinary
Session of the
African Commission on Human and Peoples' Rights held from 4 to 18 November 2015 in Banjul, The
Gambia, paras 6 and 41. In the same vein, see Leon Mugesera c. Rwanda, ACtHPR, Case No. 012/2017,
Judgment of 27 November 2020 (merits and reparations), §§ 100 -107.
49 General Comment no 36 of the United Nations Human Rights Committee sur l'article 6 du Pacte
international relatif aux droits civils et politiques", para 3
50 African Commission on Human and Peoples' Rights v Kenya (merits) (26 May 20J.16·'Al~~:~1i.l(52
51 Malawi African Association,
Amnesty International, Ms Sarr Diop, Union JinJttii'fJ/flcai
es dr6'its de
l'Homme and RADDHO, Collectif des veuves et ayants-Droit, Association mauritdnimne . s droit«
'Hol~me
v Mauritania, Communications 54/91-61/91-96/93-98/93-164/97_196/97-2'«/98,
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