PART C: Protection against Torture: Procedures before the African Commission
and African Human Rights Court
formulation urging the Government to ‘adopt measures in conformity with’ the
Commission’s decision. More detailed remedies requiring specific State action
have been ordered in a number of cases. These have been varied, including recommendations for legislative changes, adequate compensation for victims, and
improvement of conditions of detention. The following recommendations have
been made in specific cases:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
That the Government ‘put an end to’ violations of Article 5 and other
violations;494
To ‘improve’ the ‘conditions of detention’ of civilians held in military detention centres;495
To ensure persons in detention are provided with medical treatment and
care;496
To ensure regular supervision or monitoring in places of detention by
qualified and/or experienced persons;497
To take ‘appropriate measures’ to ensure payment of ‘adequate compensation in line with international standards’ to victims of violations498 and
ensure victims are given ‘effective remedies, including restitution and
compensation;499
To release persons who have been detained without charge or trial, or who
have been convicted in a trial in violation of Article 7;500
To conduct effective official investigations into abuses and prosecute those
responsible;501
Legislative changes.502
The Commission’s jurisprudence has been varied in its practice relating to awards
of reparation in Article 5 cases, in some cases calling for payment of compensation
to victims and in others making more general recommendations. For example, in
the case of Kevin Mgwanga Gunme et. al. v. Cameroon, the Commission found the State
494
495
496
497
498
499
500
501
502
ACHPR, Amnesty International and Others v. Sudan, Comm. Nos. 48/90, 50/91, 52/91 & 89/93, para. 85.
ACHPR, Civil Liberties Organisation v. Nigeria, Comm. No. 151/96, para. 29.
ACHPR, IHRDA v. Angola, Comm. No. 292/04, para. 87.
Ibid. para. 87.
ACHPR, Malawi Africa Association and Others v. Mauritania, Comm. Nos. 54/91, 61/91, 98/93, 164-169/97,
210/98; Article 19 v. Eritrea, Comm. No. 275/03; Egyptian Initiative for Personal Rights v. Egypt Comm.
No. 334/06.
ACHPR, Sudan Human Rights Organisation and COHRE v. Sudan, Comm. Nos. 279/03 & 296/05, para. 241.
ACHPR, Egyptian Initiative for Personal Rights v. Egypt, Comm. No. 334/06.
ACHPR, Sudan Human Rights Organisation and COHRE v. Sudan, Comm. Nos. 279/03 & 296/05, para.
241; Gabriel Shumba v. Zimbabwe, Comm. No. 288/04.
See ACHPR, Avocats Sans Frontieres v. Burundi, Comm. No. 231/99, 28th Ordinary Session (6 November
2000), para. 34; Egyptian Initiative for Personal Rights v. Egypt, Comm. No. 334/06, para. 233.
113
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents