125. In light of the foregoing, the Court finds that such delay is in violation of the
Applicant's right to have his cause heard within a reasonable time as guaranteed
under Article 7(1 )(d) of the Charter.
B. Alleged violation of the right to dignity
126. The Applicant alleges that the Respondent State violated his right not to be
subjected to inhuman and degrading treatment by detaining him for ten (10) days
in very poor conditions, including being given little to no food, having to sleep on
the floor without blankets with the same set of clothes, and being deprived of the
support of his friends and relatives.
127. According to the Applicant he was relentlessly questioned without being given food
or water for long periods of time and food was only prOVided to him on two (2)
occasions over the course of those ten (10) days, once by a police officer and on
another occasion when he was allowed to contact his housemaid.
128. While refuting the Applicant's allegations as vague and general, the Respondent
State contends that they refer to the manner in which the Applicant was treated
when he was in custody of the ICTR. The Respondent State avers that when he
was in police custody, the Applicant was offered the possibility to have, his
housemaid bring food. During the public hearing, the Respondent State submitted
that what it believed should amount to inhuman treatment with respect to a person
in custody would be for instance, not haVing access to their family or a lawyer but
not "sharing a cell with five other persons, being given a three-inch mattress to sleep on,
and sharing latrines",
.**
129. Article 5 of the Charter provides that "Every individual shall have the right to the respect
of the dignity inherent in a human being and to the recognition of his legal status. All forms
of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited."
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