CAT/C/21/D/67/1997 page 3 blurred vision and headaches. The following day, on 7 December 1995, Mr. Akhimien consulted with the medical doctor who specifically ruled out diabetes as the cause of his failing health. No laboratory tests were performed. 2.3 On 13 December 1995 he made a new request to see the doctor and asked for a blood test. He added to his previously mentioned symptoms that he was experiencing dizziness, loss of appetite, lack of strength, a bitter taste in his mouth, lack of saliva and nausea. 2.4 On 13 December 1995, subsequent to his new request to see the medical doctor, Mr. Akhimien was put in solitary confinement. Counsel states that he was put in solitary confinement because he was perceived to be a troublemaker, constantly complaining about living conditions in the Celebrity Inn. He also states that Mr. Akhimien had argued with a guard who had refused him water from the kitchen and that his thirst was a symptom of diabetes. Counsel further states that the room where Mr. Akhimien was held in confinement was located only two doors away from the doctor's office and that the room was known to be very cold in wintertime. Mr. Akhimien remained in solitary confinement until his death. 2.5 On 14 December 1995, the doctor was at the Celebrity Inn, but did not examine Mr. Akhimien. On 15 December 1995, Mr. Akhimien consulted with a nurse who noted his complaints and advised him to consult with the doctor on 18 December 1995. According to counsel, the following day Mr. Akhimien requested medical assistance from the guards who ignored him, assuming that he was faking his condition. On 17 December 1995, the guards called the security supervisor of the Celebrity Inn as well as a nurse to the room in which Mr. Akhimien was held. Counsel states that he showed signs and symptoms associated with untreated diabetes. Mr. Akhimien's health condition was thereafter monitored every 30 minutes for several hours before an ambulance was eventually called. He was pronounced dead on arrival at the hospital. The autopsy identified the cause as either pneumonia or diabetic ketoacidosis arising from untreated diabetes. 2.6 Pursuant to the Coroners Act of Ontario, a coroner's inquest was held between 7 May and 6 June 1996. The jury concluded that Mr. Akhimien's death was caused by diabetic ketoacidosis and that he had died from natural causes. On 5 June 1996 an application was filed by the Nigerian Canadian Association for judicial review of the coroner's inquest, on the grounds that the inquest had been conducted in a biased and discriminatory manner. Counsel further submits that the family made attempts to file a complaint before the Canadian Human Rights Commission, but that the complaint could not be examined since the deceased had not been lawfully residing in Canada. Counsel also submits that the available domestic remedies do not comply with the requirement of the Convention that a prompt and impartial investigation of any occurrence of torture must be undertaken. The delays inherent in a normal Canadian litigation process are not compatible with the State party's obligations under the Convention.

Select target paragraph3