new government inherits the previous government's international obligations,
including the responsibility for the previous government's mismanagement’ and
the change of government in the Respondent State does not extinguish a claim
before the Commission. The Commission further stated that even if the present
government did not commit the human rights abuses complained of, it is
responsible for the reparation of the abuses.24
71. In line with its previous decisions, the Commission in this Communication holds
that it makes its ruling by considering the alleged facts as at the time of
submission of the Complaint.25 Therefore, the release of the Victim from
detention as well as other positive steps taken by the Respondent State after
submission has no bearing on the decision of the Commission.
72. Lastly, the Respondent State makes references to various laws and rulings
without demonstrating how they would have contributed to the availability of an
effective and sufficient remedy for the Victim. In Article 19 v. Eritrea, the
Commission noted that the Respondent State merely listed in abstracto the
existence of remedies without relating them to the circumstances of the case, and
without showing how they might provide effective redress in the circumstances
of the case.26 Therefore, merely stating domestic laws and rulings without
illustrating how they would have redressed the Complainants allegations is not
enough to illustrate the existence of available, effective and sufficient remedies.
73. In view of the foregoing, the Commission declares the Communication
admissible.
Merits
Complainants’ Submission on the Merits
Alleged violation of Article 5
Abuse of the Victim constitutes torture
74. The Complainants submit that while in detention, the Victim was regularly
subjected to physical and psychological pain during his interrogations and for
the purpose of punishment in violation of Article 5 of the Charter. The
Complainants aver that the Victim suffered repeated beatings including with fists
and rubber sticks, electroshocks, and was hung by his wrists and ankles.
75. The Complainants submit that the psychological impact of the torture was
amplified by the helpless condition of the Victim as he was often handcuffed and
blindfolded during questionings and beatings. The Complainants submit that the
have no effect whatsoever on past acts of violation and that, under its mandate of protection, it
must make a ruling on the communication. See, Law Office of Ghazi Suleiman v Sudan (n 7 above), 39
24
Achutan and another v. Malawi (n 9 above), 12.
25
See, Law Office of Ghazi Suleiman v Sudan (n 7 above), 40 and Organisation mondiale contre la torture et
al v Rwanda (n 6 above), 21.
26
Article 19 v. Eritrea (n 11 above), 73.
11