135. With respect to the allegation that the Applicant was left to sleep on the floor without
a blanket and restricted from accessing friends and relatives, the Court considers
that detention conditions necessarily involve some restrictions of movement,
communication and comfort. Furthermore, the Applicant does not adduce any prima
facie evidence to support his allegation. This allegation is therefore dismissed.
136. In light of the foregoing, the Court finds that the Respondent State violated the
Applicant's right not to be subjected to inhuman and degrading treatment protected
under Article 5 of the Charter with respect to deprivation of food.
C. Alleged violation of the right to property
137. The Applicant alleges that after his arrest, the Respondent State failed to secure
his properties left in his house in Arusha and as a result. agents of the Respondent
State arbitrarily disposed of the said properties. Upon request by this Court, the
Applicant provided an itemised list of all the property with the values. To prove the
Respondent State's responsibility in securing his properties, the Applicant alleges
that, after his arrest, his son was taken away and the house maid was asked to
leave the house. The house was then placed under the custody of the police officers
and officers of the ICTR Security Department.
138. The Applicant also avers that ICTR officers came to him at Karanga Prison in Moshi
with documents, including two court orders from Cote d'ivoire, which they requested
him to sign in order to dispose of the properties. He requested for the presence of
a lawyer before signing and demanded a copy thereof, which the ICTR officers
never provided him.
139. In its Response, the Respondent State claims that the Applicant did not specify the
property in question and did not substantiate the claim. It avers that during the trial,
the Applicant mentioned that he did not know the whereabouts of his property but
did not elaborate as to what property specifically he referred to.
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