_,:':r., AC H P R ( . :J am::n).., African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 114. The Commission acknowledges that the state's responsibility to protect individuals who are in custody is heightened. It includes a positive obligation to protect detained persons from emergencies that threaten their life. This obligation extends to the provision of necessary conditions of a dignified life, namely the provision of adequate healthcare. 115. The Commission recalls that in Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sudan it has affirmed that States have the obligation to "refrain from denying or limiting equal access for all persons, including detainees, to health services". As noted earlier in the present decision, and in relation to Article 5 of the. African Charter, the state's responsibility to protect health is heightened where individuals are detained. 116. In Monim v Sudan, where the detainee had high blood pressure, the Commission found that the medication he was provided with, in detention, was 'not adequate to guarantee his health,' and instead resulted in this being both life threatening and jeopardized his health.'52 The Commission considered that the Respondent State in this circumstance violated the victim's right to health by failing to take the necessary measures to protect his health, especially given that he was in the custody of the State authorities. 117. Similarly, the Commission has found in Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v Nigeria», that denying a detainee access to doctors while their health is deteriorating, is a violatio~ of Arti~le 16 of the African Charter. 118. In the present Communication, the Complainants have raised concerns regarding the victim's lack of access to medical treatment, particularly due to the Respondent state's restrictions on the Victim's travel abroad. The Complainants have demonstrated that the Respondent state has obstructed the Victim's ability to travel abroad since 2014, and that he has been completely precluded such travel since 2017, a year before the Victim was taken by security agents of the Respondent State.

Sélectionner le paragraphe cible3