arbitrary detention, some of the prisoners were held in solitary confinement
(paras. 5, 8, 10, 11 and 12).
116.
The conditions of detention were, at the very least, bad. The prisoners were not
fed; they were kept in chains, locked up in overpopulated cells lacking in hygiene
and access to medical care (para. 12). They were burnt and buried in sand and left
to die a slow death. Electrical shocks were administered to their genital organs
and they had weights tied on to them. Their heads were plunged into water to the
point of provoking suffocation; pepper was smeared on their eyes and some were
permanently kept in small, dark or underground cells which got very cold at night
(para 23).
117.
Both within and outside the prisons, the so-called “Jaguar” position was the form
of torture utilised, (see paras 20 and 22). The prisoners were beaten (paras 12 and
20) and their bodies burnt using various instruments (paras 20 and 22). The
women were raped (para 20).
118.
The government did not produce any argument to counter these facts. Taken
together or in isolation, these acts are proof of widespread utilisation of torture
and of cruel, inhuman and degrading forms of treatment and constitute a violation
of article 5. The fact that prisoners were left to die slow deaths (para 10) equally
constitutes cruel, inhuman and degrading forms of treatment prohibited by article
5 of the Charter.
119.
Article 4 of the Charter stipulates that:
Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be
arbitrarily deprived of this right.
120.
Following the November 1987 trial, which already violated the provisions of article
7, three army lieutenants were sentenced to death and executed (para 10). The trial
itself constituted a violation of the African Charter. Furthermore, the Commission
is of the view that the executions that followed the said trial constitute a
violation of article 4. Denying people food and medical attention, burning them in
sand and subjecting them to torture to the point of death point to a shocking lack of
respect for life, and constitutes a violation of article 4 (see para 12). Other
communications provide evidence of various arbitrary executions that took place in
the villages of the River Senegal valley (see paras 18 and 19) and stress that people
were arbitrarily detained between September and December 1990 (see para 22).
The Commission considers that there were repeated violations of article 4.
121.
Article 16 of the Charter states that:
1.
Every individual shall have the right to enjoy the best attainable state of
physical and mental health.
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