respondent state to bring the applicant "promptly before a judge or other
judicial officer for trial" constitute a violation of Article 7 (1) (d) of the
African Charter48.
140.The Complainants accordingly submit that throughout the entire period
of the Victim's detention, he was denied access to a lawyer, in
contravention of Article 7 (1) (c) of the African Charter, which sets out the
"right to defence, including the right to be defended by counsel of his
choice. The Complainants argue that the authorities of the respondent
state were under the obligation to provide the Victim with prompt
access to a legal representative within a fe,w days of detention, as
recognized by the Commission. 49
Alleged Violation of Article 1 of the African C::::harter
141. The Complainants submit that the failure to conduct a prompt,
independent, effective and thorough investigation into 'the Victim's
treabnent and the failure to conduct an effective remedy to the Victim for
the breaches of his rights, violates Article 1 'of the African Charter, in
conjunction with Articles 5, 6 and 7 of the African C:harter.
142.The Complainants state that the Ugandan authorities were aware of the
Victim's detention, torture and other ill-treabnent, and that it was only
after the Victim's return to Rwanda and substantial media coverage
of his treabnent, that reports of an investigation emerged in the
Ugandan and Rwandan press, ·however no investigations have been
forthcoming 50 .
143.According to the Complainant, the failure of the Respondent State to
conduct a prompt, impartial, thorough and effective investigation into
the allegations of arbitrary detention, torture and other ill- treabnent
made to the Victim, constitutes a violation of Article 1 read in conjunction
with Articles 5, 6 and 7 of the African Charter.
144. The Complainants further argue that as a result of his arbitrary detention,
torture and other ill-treabnent, the Victim has the right to a satisfactory