ACHPR I. African Commission on Human and Peoples' Rights Human f~ights our Collective Hesponeibititv 183. The Commission notes that the African Court considers that once there has been a violation, there is moral damage. In this case, as a violation has been committed, the existence of moral prejudice is therefore legally presumed and the causal link with the violations found is also established. However, the question arises as to the extent of the non-material damage. In this respect, the Commission leaves it up to the national authorities to determine the amount of financial compensation. In any case, it should be noted that the compensation to be awarded by the Respondent State must JIbe fair, adequate and proportionate to the material, moral and other damage suffered. " 92 Reparations Requested 184. The Commission recalls that violations of Articles 1, 2, 3, 4, 5, 6, 7, 9(2), 12(1)(2),13(1)and 16(1) of the African Charter have been established. In effect, reparations will be determined according to the .violations found. Indeed, the Commission notes that the Complainants.requested the following: (i) immediate and continuous disclosure of the victim's location and situation; (ii) guarantee of the victim's safety and well-being during his detention; (iii) regula~ and unhindered communication with and access to the family; (iv) regular and unhindered access to medical treatment of the victim's choicer: (v) (vi) regular and unhindered access to legal representation of the victim's choice; and immediate release of the victim and respect for their right to a fair trial. 185. With regard to the first request, the Commission recalls that, having found that the incommiinicado detention was arbitrary, it naturally accepts the request for disclosure of the victim's place of detention. With regard to the second request, in particular the guarantee of safety, the Commission considers that it is not in a position to fulfil it, since it has not considered the victim's safety, nor has the Complainants made any observations on it. However, the Commission considers that the Respondent State must improve the victim's conditions of detention, taking into account his state of health and age. This, if the Respondent State does not release him. / '" \\. ,-' u..» c.,. ~ , J oA General Comment No.4 on the Right to Reparation for Victims of Tortu~' i!l:J.arr~~adopted'~t the 21st Extrao.rd.in..ary Session of the African Commission on Human and P¢of1es' Rfghy; :...hNfro .23 February to 4 March 2017 in Banjul, The Gambia, § 37. 'is i:\1 92 mu 1~ ~:( ~01 ,« 'I if4 o An Organ of !he African ('~j) Union ,~. The African Cj,,\i~.!P ",-.=. II) on""U.lM~n)m~ieg;;,'es' Rights 31 Bijilo Annex Layout om~ Mtl..Distrl~&N~ Coast Region Ph6 :«f.2~JDc4'3'6't F?f<':'(220)441 0504 Emal ;~b~balflitJf@~frica-union.orl< -:~~ hUps:/achpr.au.intlO 0 a