lawfuL As to the latter, the Commission recalled its position in the case of Movement Burkinabe des droits de l'Homme et des peuples vs Burkina Faso, 108 where it observed that a violation of Article 12(2) ensued when a person (political leader) was prohibited from leaving Burkina Faso after publishing a statement about the political situation in the country and Sir Datoda K. Jawara vs The Gambia, that it is a violation of both Articles 12(1) and 12(2) of the Charter, where people were prevented from travelling outside their country.P? 193. The Commission agrees that the Victims' rights to fr,~~.domof movement under Article 12(1)(2) were violated. Firstly, by unlawful arrests:;~fd<detentions. Secondly, resulting from the continued threats to the first Victim's life from Islamist fundamentalist groups, from which the Respondent State did not protect her, and which means that she and her family are unable to return to Sudan safely. Thiidly;-!he failure to take measures to protect the lives and personal integrity of the Complainants against threats by private actors, thus forcing them to leave Sudan against their will to protect themselves and their families. " " 194. In light of the foregoing, the Commission finds the Respondent in violation of Article 12 of the African Charter. ' i ,.. , ; , <~'~:"i:y ,~;i~: 0f/\rticle 16;'p~e I{ight t:q '1le~lt'l 195. Article 16 of the Eharter Provides that: ' ' (1) "Eoerfone has the right to the enjoyment of the highest attainable standard of physical and mental health, ' !.,;, On alleged Violation (2) States Parties to the present Charter undertake to take the necessanj measures to protect the health of their populations and to provide them with medical assistance in the event of sickness. " 196. The right to health-is an essential right under Article 16 of the African Charter, which obliges States to t~l(enecessary measures to protect the physical and mental health of every individp. tHiri~t];w!rjurisdiction. This right is not only essential for the wellbeing of all but also':;underpins the realization of other rights recognized in the Charter. The ission reiterates its positions in Egyptian Initiative for Personal Rights & INTERIGHTS ,vrJgIjptllO and Purohit and Moore v. The Gambia111 and its Resolution on Access to Health andlhe Need for Medicines in Africa and the "Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights" that it includes access to safe water, sanitation, food, nutrition, housing, and occupational and environmental conditions. In regards to healthcare in detention, the Commission refers to the case of Malawi African Association and Others v~ Mauritaflia_ pe' , ~ 108 Communication 204/97, Para 47. Communication 147/95-149/96, Para 70. 110 Communication 323/06, 16 December 2011, Pg 261. m Communication 241/01, 29 May 2003, Para 80. 109