satisfaction and guarantees of non-repetition.139 The Guidelines as well state that
compensation should be provided for any economically assessable damage, such
as physical or mental harm; lost opportunities, including employment, education
and social benefits; material damages and loss of earnings, including loss of
earning potential; moral damage; and costs required for legal or expert assistance,
medicine and medical services, and psychological and social services.140
345. In addition to the above and more specifically in relation to this case, the
Commission’s Luanda Guidelines provide that “[a]ll persons who are victims of
illegal or arbitrary arrest and detention, or torture and ill-treatment during police
custody or pre-trial detention have the right to seek and obtain effective remedies
for the violation of their rights.”141 This position is also affirmed in the
Commission’s jurisprudence.142
346. In its General Comment No. 4 on the Right to Redress for Victims of Torture
in Africa, the Commission noted that the right to compensation for torture and
other ill-treatment is multi-layered and compensation awarded to a victim shall
be sufficient to compensate for any economically assessable damage resulting
from violation, including, where applicable, reimbursement for medical expenses
and provision of funds to cover future medical or rehabilitative services needed
by the victim to ensure as full rehabilitation as possible; material and nonmaterial damage resulting from the physical and mental harm caused; loss of
earnings and earning potential due to disabilities caused by the torture or other
ill-treatment; and lost opportunities such as employment and education.143
347. The Commission observes that the Victim in the instant Communication
suffered serious human rights violations for over 15 years, in the form of torture
and other ill-treatment, arbitrary and unlawful detention, denial of the right to
fair trial, unlawful interference with his right to practice religion, lack of medical
care, and violation of his right to family life. It is impossible to ensure full
restitution for the Victim due to the grave nature of the violations he suffered.
348. The Commission has previously held that in assessing the manner and mode
of payment of compensation, it is important to consult victims and their legal
representatives, and to be guided by international norms and practices relating to
payment of compensatory damages.144 The Victim’s legal representatives in the
present Communication (the Complainants) have indicated that the requested
amount should not be less than 1 million Egyptian Pounds (approximately USD
140, 000) at the time of filing.
349. The Complainants also refer the Commission to comparable awards granted
by regional, international and national mechanisms, to justify the amount they
139
Guidelines on the Right to Remedy and Reparation, para 18.
As above, para 20.
141
Luanda Guidelines, (n 78 above), Guideline 38.
142
See n 45 above (Monim Elgak and others v. Sudan, para 100).
143
General Comment No. 4 on the Right to Redress for Victims of Torture in Africa (n 74 above), para
38.
144
Communication 290/04 - Open Society Justice Initiative (on behalf of Pius Njawe Noumeni) v. the
Republic of Cameroon (2019), para 212 (V).
140
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