Decision of the Commission on Merits
In view of the above reasoning, the Commission:
i. Finds the Respondent State is in violation of Articles 1, 5, 6 and 7 (1)(c) and (d) of the African Charter;
ii. Requests the Respondent State to:
(a) conduct prompt, independent and impartial investigations into the allegations of unlawful detention, torture and inhumane, degrading treatment/punishment of the Victim and to prosecute and punish all the perpetrators;
(b) pay adequate compensation to the Victim in accordance with the domestic law of the Respondent State, for the prejudices suffered including loss of earnings, medical expenses, physical and psychological torture, in relation to the violations found;
(c) to apologize to the Victim as an acknowledgement of violation of his rights, and ensure non-repetition of the actions and/or omissions;
(d) adopt and implement procedural safeguards for the prevention of torture and other forms of ill-treatment as required under the Robben Island Guidelines;
(e) train Security Officers on relevant standards concerning adherence to custodial safeguards and the prohibition of torture; and
(f) inform the Commission, in accordance with Rule 112 (2) of the Commission's Rules of Procedure (2010), within one hundred and eighty days (180) of the notification of the present decision of the measures taken to implement the present decision.
Done at the 78th Ordinary Session, held virtually, from 23 February to 8 March 2024
