Decision of the Commission
In view of the above reasoning, the African Commission on Human and Peoples' Rights:
(i) Finds the Respondent State is in violation of Articles 1, 4, 5 and 7 (1) (a), (c) and (d) of the African Charter;
(ii) Recommends reforms of the Respondent State's Anti-Terrorism Act (2001), policies and practices of the States security agents incompatible with the African Charter and other regional and international human rights and IHL legal instruments, to bring it in line with the African Charter and such other international standards;
(iii) Urges the Respondent State to compensate and rehabilitate prisoners 1 to 7 for prejudices suffered in relation to the violations found; Urges the Respondent State to conduct prompt and impartial investigations into the allegations of torture and ill treatment of prisoners 1 to 7 and to bring the perpetrators to justice;
(iv) Requests the authorities responsible for these violations to apologize to prisoners 1 to 7, as an acknowledgement of violation of their rights, and ensure non-repetition of their actions.
(v) Train security officers on relevant standards concerning adherence to custodial safeguards and the prohibition of torture;
(vii) Adopt and implement procedural safeguards for the prevention of
torture and other forms of ill-treatment as required under the Robben Island Guidelines; and
(viii) 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 71st Ordinary Session, held virtually, from 21 April to 13 May 2022
