70. The court finds that the Respondent failed to carry out any investigations into the suspicious death of the deceased. This failure to carry out an effective investigation into the death of Mr. Desmond Nunugwo, is in breach of Articles 1 and 4 of the African charter, which when read together, require a prompt, proper and adequate official investigation into deaths resulting from the actions of State agents. Consequently, the Court finds a violation in this regard. c. 71. Allegotion of tortare (Article S) The contention of the Applicants under this heading is that the circumstances of Mr' Nunugwo's death give rise to the suspicion that he was tortured, and he died as a result of injuries inflicted on him during his arrest, detention and interrogation. Article 5 of the African charter provides: "Every individual shall have the right to the respect of dignity inherent in a human being and to the recognition of his legal status. Allforms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shalr be prohibited. " 72. The Respondent contends that the Applicants have not placed substantial evidence before the court to prove that the deceased was subjected to any form of totture or inhuman treatment. That the post-mortem investigation carried out on the deceased also did not reveal any element of torture on the body ofthe deceased. 73. Torture can be described as the infliction of severe bodily pain, psychological and moral suffering on a person as a means of punishment or to extract information' T'he court in establishing the elements of torture found that: 22 W fl^@-\

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