determine whether the actions of the Respondent State as described by the Complainants, constitute a violation of Articles 1, 5, 6 and 7 of the African Charter. Analysis of the Commission on the Merits Alleged Violation of Article 5 150.Article 5 of the African Charter provides that: "every individual to have the right to the respect of the dignity inherent in a human being. It further provides that all forms of exploitation and degradation , of man, particularly slavery, slave trade1torture, .crurl, inhuman or degrading punishment and treatment shalrbe prohibited" 151. The Commission has held that Article 5 of th!2 African Charter is aimed at the protection of both human dignity and the physical and mental integrity of the individual. 53 The African Charter does not define the meaning of the words or the phrase "torture or degrading treatment or punishment." However, the Coi;nmission· iI:i. its interpretation of Article 5 of the African Charter, adopted the definition of torture contained in Article 1 of United Nations Conv,e ntion against Torture (UNCAT) which states that54 : [T]he term "torture" means any act by "is intentionally inflicted on a person for such purposes as obtaining from him 01? a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person,: or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an offi Ffi:J!!: ci ~ ~-,. Ji\•,..,;fv""'" capacity. ·/~••' .-,1:.cRn 4R,,i;1,;-~ ' ; •:;\-. Ql'II fl • i ® 'ct,. ~\ fl~ I •t I I - ) t I ~o t I ' . •• IJ. \ ; \~~~:#y!h ~~4~~ s=-, ~·"' ~ 0~"-' '~ 53 Communication 279/03-296/05 para 155. 54 Ibid. 35

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