ACHPR African Commission 011 Human and Peoples' Rights Human Hi9hts our Collective Besponsibilitv complaint was submitted on 12 October 2018. In other words, the victim had been in detention for twenty-five (25) days at the time of seizure of the Commission. The analysis could be restricted to the twenty-five (25) days if the Respondent State had complied with the Provisional Measures ordered by the Commission. Therefore, the Commission considers that the detention lasted until the beginning of this 78th Ordinary Session, making it a total of five (5) years, five (5) months and eight (8) days. The Commission notes that the Complainants have not presented any facts demonstrating that (i) severe physical or psychologica] pain or suffering was inflicted at the instigation of or with the consent or acquiescence of the state authorities. Nevertheless, the Commission considers that the detention for (5) years, five (5) months and eight (8) days in the >~onditi6hsr~ferred to above, naturally implies a high level of suffering for which ,the Respondent State is responsible. 129. The Commission considers that the duration of the detetition referred to above, without communication with the outside world, without contact with the family and the lawyer, and without any-judicial control, and considering the state of health and age of the victim, creates a framework of psychological pressure such that it is reasonable Jp consider that this may have caused severe psychological suffering to the victim. The first requirement of torture is therefore met. 130. With. regard to the second requirement, the Commission considers that detention is normally aimed at ensuring that the victim is brought to justice to answer for t~e acts of which he is accused. In the CPP of the Requested State itself, even wHen detention is ordered by the judge, it is aimed at ensuring the detainee's presence in court; or for the protection and safety of any person or the public or the risk of continuing criminal activity or interfering with the investigation. 58 131. The Commission observes that, in the absence of any plausible motivation, it is natural to consider that the detention of the victim for a more than five (5) years by itself constitutes a kind of punishment, which implies fulfilment of the second requirement of torture. It is therefore concluded thaytlj~ vieHIU"yvas 132. ~:,~er?'t:~!:Q'" >~ ~ ;0 ~::~::::::~ ~::ure in violation of Article 5 of the African AnO'llallofthe Afncan (0' .'~ . \}'J U nlon ".;.'lI'~!<. ' Email: CP.[TAf(1 ~ AU-UA u~· -o 31 - ~ '~'It \ The African Commis 31 Bijilo Annex Layout. Ko Phone <.,0 # C;; .Pc§OpleS' Rights (t)lpr1¥l'llili,!it:ifI\.I\YWSl C9-a'st Region ( ~2S.'l--i3r6d[:,~~'2.20) 441 05 04 au-b'ahitJl{@africa-union.ore hllps:/achpr.au.intlQ 0 a