Judgment No CCZ 4/14 14
Const. Application No SC 207/11
justified by the reasoning that the applicants might use these items of clothing to harm
themselves - for then any item of clothing can be turned into a weapon or an instrument for
self-affliction or suicide.
Detention ought not to reduce the detainee to humiliation and indignity.
Every detainee is entitled to be treated with some modicum of decency and respect. The
order to the applicants to remove their brassieres caused them great humiliation.
Such
treatment meted out to the applicants cannot be said to be reasonably necessary to prevent
their escape which is the only derogation allowed by s 15 of the right enshrined therein.
Accordingly, the applicants have established, in this regard also, that their right enshrined in s
15 not to be subjected to cruel and inhuman and degrading treatment has been violated by the
respondents.
REMOVAL OF SHOES
The applicants averred that they were made to walk barefoot on dirty floors.
The respondents deny that the floors were dirty and based their denial on the fact that
Standing Orders require the floors to be cleaned. However, the respondent admits that there
were sixteen persons, including the applicants, detained in one cell which is meant for six
people. It is admitted also that the toilet in the cell is only flushed at the pleasure of the
police from outside. The cells are cleaned only once a day during the detained persons daily
exercise period of 30 minutes. In these circumstances, the probabilities are that the floor of
the cell did become wet with human waste as deposed to by the applicants. To require the
applicants to walk barefoot in such unsanitary conditions is to subject them, in my view, to
inhuman and degrading treatment.
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