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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
114. The Commission acknowledges that the state's responsibility to protect
individuals who are in custody is heightened. It includes a positive obligation to
protect detained persons from emergencies that threaten their life. This obligation
extends to the provision of necessary conditions of a dignified life, namely the
provision of adequate healthcare.
115. The Commission recalls that in Monim Elgak, Osman Hummeida and Amir
Suliman (represented by FIDH and OMCT) v Sudan it has affirmed that States
have the obligation to "refrain from denying or limiting equal access for all
persons, including detainees, to health services". As noted earlier in the present
decision, and in relation to Article 5 of the. African Charter, the state's
responsibility to protect health is heightened where individuals are detained.
116. In Monim v Sudan, where the detainee had high blood pressure, the
Commission found that the medication he was provided with, in detention, was
'not adequate to guarantee his health,' and instead resulted in this being both life
threatening and jeopardized his health.'52 The Commission considered that the
Respondent State in this circumstance violated the victim's right to health by
failing to take the necessary measures to protect his health, especially given that
he was in the custody of the State authorities.
117. Similarly, the Commission has found in Media Rights Agenda, Constitutional
Rights Project, Media Rights Agenda and Constitutional Rights Project v Nigeria», that
denying a detainee access to doctors while their health is deteriorating, is a
violatio~ of Arti~le 16 of the African Charter.
118. In the present Communication, the Complainants have raised concerns
regarding the victim's lack of access to medical treatment, particularly due to the
Respondent state's restrictions on the Victim's travel abroad. The Complainants
have demonstrated that the Respondent state has obstructed the Victim's ability
to travel abroad since 2014, and that he has been completely precluded such travel
since 2017, a year before the Victim was taken by security agents of the Respondent
State.