The Defendant also challenged the authenticity of the medical certificate presented
by the Plaintiff. The mere fact that medical examination was carried out four days
after the incident occurred does not invalidate the report.
In view of the above, and considering the injuries inflicted on the Plaintiff which the
Defendant gave no convincing evidence in rebuttal, the Plaintiff has established facts
of his allegation of physical pain inflicted on him which amounts to assault and not
torture by the officers of the Defendant.
ii. On allegation of Unlawful Detention
The Plaintiff alleged that he was detained at the border in a small room used as cell
for about five hours without food or water. That after he was released, he arrived
Seme-border late at night and reported the incident to the Nigerian Immigration
service. This assertion was denied by the Defendant.
The Defendant contends that the Plaintiff was only retained at the police post in
Hillacondji when he refused to submit his travel documents for checking and as a
means of calming him down.
Article 6 of the African Charter on Human and Peoples’ Rights’, Article 9(1) of the
International Covenant on Civil and Political Rights as well as Article 3 of the
Universal declaration of Human Rights guarantees person’s right to liberty and
security.
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