152. The Commission also adopted the interpretation of the United Nations
Committee against Torture 55 in its General Comment No. 2, which states
that "for torture to have occurred, the incriminated acts must intentionally cause
severe suffering, be intended to obtain information or a confession, punish the
victim for real or alleged acts, and be attributable to a public official or person
acting in that capacity".
153. In the present Communication, the Commission notes the Complainants
allegations that all the acts inflicted on the Victim as described above in
paragraphs 123 to 128 above, satisfy the criteria for torture and that the
acts were intentionally carried out by state officials, to inflict severe pain
or suffering on the Victim, during his arbitrary detention. The
Commission further notes the Complainants submission that the treatment
the Victim was subjected to include the infliction of not only severe physical
but also psychological pain and suffering resulting in serious and life-long
physical and psychological health problems, as a result of his alleged
arbitrary detention, torture and other ill-treatment, his physical injuries.
154. Consequently, the Commission would proceed to assess whether the
alleged acts stipulated in paragraph 123 to 128 abov;e, do constitute acts of
torhire or cruel, inhuman or degrading treatment and punishment, in
violation of Articl€5 of the African Charter?
155. The Commission recalls its decision in Sudan Human Rights Organization
and Center for Housing Rights an.d Evictions v Sudan56in which it set out the
principal elements that constitute torture under the African Charter,
namely that, severe pain or suffering has to have been inflicted for a
specific purpose,, such as to obtain information, as punishment or to
intimidate, or for any reason based on discrimination, by or at the
instigation of or with the consent or acquiescence of state authorities.
Furthermore, the Commission in Egyptian Initiative for Personal Rights and
Interights v Egypt57 held that 'when a person is injured in detention or while
under the control of security forces, th.e re is a strong presumption that the
person was subjected to torture or ill-treatment.
55 Ibid 19 & See Article 4 of the Resolutio n on Guidelines and
Measures fo r the Prohibition and
Prevention of Torture, C ruel, Inhuman or Degrading Trea tment or Punishmen t in Africa (Rob n
lshmd Guidelines ) adopted by the Commission in October 2002.
56 Communication 279/ 03 - 296/05 Sudan Human Ri hts Or aniza lion and Ce
Rights and Evict.ions v Sud a n (2009) ACHPR para 255 [sic!] &156. .
57 Communication 334/06 - Egyptian Initiative for Personal Rights and I
,
Republic of Egypt pa,a 168.
i
~'\
~o
)
(fl~
.
..; ET CE:;
j)]
;pl
1;
r-_'-:'!~ -: .
-~ ..... -.:::~:.