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 official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” 52.With regards to the allegation of torture, the Court recalls that an allegation of torture will be established when an Applicant provides a medical report which shows that injury is consistent with the torture alleged, as stated in the case of Federation of African Journalists and Others v. The Republic of the Gambia, Judgment No: ECW/CCJ/JUD/04/18, Pg. 54 this court held that, “It is trite that the burden of proof rests on he who asserts the affirmative and not on he who denies.” Furthermore, the Court stated that, “The burden therefore, lies on the Applicant to establish their allegation. The 4th and 5th Applicants in establishing their claim attached a medical report from an independent forensic experts group. In the report, the experts stated that the 4th and 5th Applicants suffered from chronic physical issues as well as heavy symptoms of posttraumatic stress disorder. The physical and psychological findings when considered separately and together are highly consistent with the act of torture and ill-treatment that they allege. This report has not been contested by the Defendant and in the absence of any refute, this amounts to an admission.” 53. The Court notes that in the instant case, the Applicant has not shown any proof, including a medical report that indicates that the Respondent State through the 23