137. The African Commission is aware that regardless of the seriousness of certain actions and the culpability of the perpetrators of certain crimes, the power of the state is not unlimited, nor may the state resort to any means to attain its ends. The state is subject to law and morality. Disrespect for human dignity cannot serve as the basis for any state action. Article 4, which safeguard the right to life, ranks as one of the most fundamental provisions in the African Charter, to which no derogation is permitted. Together with Article 5, it also enshrines one of the basic values of democratic societies. The circumstances in which deprivation of life may be justified must, therefore, be strictly construed. The object and purpose of the African Charter as an instrument for the protection of individual human beings also requires that Article 4 be interpreted and applied so as to make its safeguards practical and effective. However, in the instant case the Complainant has not adequately demonstrated that the Respondent State??s agents used lethal force to subjugate the Victim that will lead to a violation of Article 4. 138. As the African Commission has held on many occasions, Article 4 of the Charter enshrines one of the most fundamental values of a democratic society.18 It prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and the victim's behavior. However, the African Commission is of the view that ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 4 of the African Charter.19 The assessment of this minimum level is relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical and mental effects and, in some cases, the sex, age and state of health of the victim.20 Furthermore, in considering whether treatment is "degrading" within the meaning of Article 4, the African Commission will have regard to whether its object is to humiliate and debase the person concerned and whether, as far as the consequences are concerned, it adversely affected his or her personality in a manner incompatible with Article 4. 139. The African Commission will take into consideration that the suffering and humiliation involved must in any event exceed the inevitable element of suffering or humiliation connected with a legitimate deprivation of liberty. Nevertheless, in the light of Article 4 of the African Charter, the state must ensure that a person is detained (especially those who are to be executed) under conditions which are compatible with respect for human dignity, that the manner and method of the execution of the measure do not subject the individual to distress or hardship exceeding the unavoidable level of suffering inherent in detention, and that, given the practical demands of imprisonment, the person's health and well-being are adequately secured, with the provision of the requisite medical assistance and treatment. When assessing conditions of detention, account will be taken of the cumulative effects of these conditions, as well as the specific allegations made by the Complainant. 140. To reiterate in the instant matter, the African Commission is aware of its longstanding practice that the burden of proof rests on the government in cases of human rights violations.21 If the government provides no evidence to contradict an allegation of human rights violation made against it, the African Commission will take it as proven, or at the least probable or plausible. But in the absence of concrete proof from the Complainant, the African Commission cannot hold the Respondent State to be in violation of Article 4. In this regard, the African Commission is relying on its decision in Communication ACHPR/60/91: 27 where it held that "without specific information as to the nature of the acts themselves, the African Commission is thus unable to find a violation of Article 4." The African Commission, 141. Declares that the Respondent State has not violated the right to life recognized in Article 4 of the African Charter. Alleged Violation of Article 5- Inviolability of the human being 22 Article 5 of the African Charter states: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. 142. Before examining Article 5 in relation to the instant matter, the African Commission will make a few remarks as regards allegations of torture and its absolute stand against it. With the risk of oversimplification 17