(~';~,ACH PR . J African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 119. The Complainants have also adequately demonstrated that the Victim's health, given his medical history and incommunicado detention, is a risk of rapid deterioration, if he does not receive adequate medical attention from qualified doctors. The medical attention required by the Victim, is specialized and in scarce supply, in the Respondent State. 120. The Commission notes that the Complainants' allegations about the victim condition of detention are confirmed by the First Report of the UN Commission of Inquiry on Human Rights in Eritrea which describe,$1,th,e conditions of detention in the Respondent State prison as extremely harsh, and the lack of access to sufficient food, water and medical care while in detention is found to debilitate prisoners and to lead to short- and long- term health complications, and sometimes death. The practice of keeping detainees in incommunicado detention and/or in isolation with total disregard for international standards is widespread. The mental and physical health of prisonrrs is thus unduly and unnecessarily affected.54 121. The Commission considers that the conditions of the victim's detention, as described by the complainants and confirmed by the UN above-mentioned report, and the impossibility of pursuing appropriate treatment abroad, are likely to lead to a serious deterioration of the victim's state of health and, therefore, jeopardise his life. 122. The Commission therefore finds based on the above, that there is a violation of Articles 4 and 16(1)of the African Charter. On the allegation of torture, cruel, degrading and inhuman treatment 123. Article 5 of the African Charter provides that: Every individual shall have the right to the respect of the dignih} inherent in a human being and to the recognition of his legal status. All forms of expLoitation and degradation of man, particularly sLavery, sLave trade, torture, cru;~ 1'[}~Hl':!,~~or degrading punishment and treatment shall be prohibited. cf lOT fI."".)" v A~;-; ;"n~~'C·''" ! ~ , 4 \;~I, < -\ w~ ';2 First Report of the UN Commission of Inquiry on Human Rights in Eritrea, A/HR : 2fl;/ 2,4 June 201 i para. 73. \ "&. \ AU·UA ,? C;; 54 "n 0;9"" of Ih~ Atrican IP:-....~ I. ll~.) Union ~:';7i'i:f._ -~ U/O,\! (j, . . o.;2~ c, .q~RICA\t<'(· ':' The African Commission 0 iT1<)flE1-ll4p~o):»es' Rights 31 Bijilo Annex Layout, Kombo North Dfstrist$est Coast Region Phone: (220) 230 4361 Fax: (220) 441 0504 Email: au-baniul(1i)africa-union.ore https:/achpr au.inVCJ 0 D