fled his country for fear of his life after being detained and tortured in a detention camp. The African Commission in both communications held that Articles 12( 1) and 12(2) of the African Charter were violated. 186.ln the same vein, the African Commission in the present Communication, finds that the Victim fleeing the country and not returning to Sudan due to fear of persecution, violates his right to freedom of movement and residence. Accordingly, the African Commission finds that the Respondent State violated Article 12(1) and 12(2) of the African Charter. Alleged Violation of Article 16 of the African Charter 187.Article 16 of the African Charter guarantees that: 1. "Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. State Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick'. 188.The Complainant submits that the Victim was denied access to medical treatment for the entire duration of his detention and was subjected to a range of acts of torture that caused extreme physical and mental pain and anguish in violation of Article 16 of the African Charter. 189.The right to the highest attainable standard of health encompasses the availability, accessibility, acceptability, and quality of health care, services, and conditions. This right imposes an obligation on the State: to respect, fulfil, and protect it, ensuring that individuals can effectively exercise their right to health without discrimination or undue restriction. The African Commission's Robben Island Guidelines provide that states should "[e]nsure that all persons deprived of their liberty have access to medical services and assistance". 133 The Luanda Guidelines also provide that arrested persons have the right to urgent medical assistance, to request and receive a medical examination and to obtain access to existing medical facilities. 190.The African Commission in Malawi African Association and Others vs Mauritania and Monim Elgak, Osman Hummeida and Amir Sulivan (Represented by FIDH and OMCT) v Sudan 134 and in International PEN and Others (on behalf of Ken SaroWiwa Jnr) v Nigeria 135 held that the State has an obligation to respect the right to health in detention and emphasized that the responsibility for the physical integrity and welfare of detainees lies with the competent State authorities. 191 .The African Commission finds that the denial of medical attentio~ Qi•'a'ssistance to the Victim for the entire duration of his detention, violates hi~Jg_ot 1o'li~'alth~aQd thus the Respondent State has violated Article 16 of the Africa.rf Cf, • er. ,J «-