Nigerian Army carried out any of the acts listed amounting to torture during his
detention. The Court will not conclude that detention automatically amounts to
being tortured within the meaning of the provisions of the UNCAT. Such
allegation must be proved. The Court therefore holds that the allegation of
torture fails
54. Allegation of cruel, inhuman and degrading punishment and treatment
Cruel, inhuman and degrading treatment and punishment entails acts which do not
fall within the ambit of torture but which nonetheless dehumanize and degrades the
human being. Instances of overcrowding in detention places, sleeping on bare wet
floor, and inappropriate clothing in extreme weather. See European Court of
Human Rights’ Judgment in Application no. 2346/02 Pretty v United Kingdom,
Judgment of 29 April 2002, para 52 and Application no. 44558/98 para 117
Valasinas v Lithuana, Judgment of 24 July 2001, para 117, where it was held that,
“Where treatment humiliates or debases an individual, showing a lack
of respect for, or diminishing, his or her human dignity, or arouses
feelings of fear, anguish or inferiority capable of breaking an
individual's moral and physical resistance, it may be characterised as
degrading and also fall within the prohibition of Article 3…”
55.In addition, the Court further notes the European Court’s case law, which refers
to ill treatment as “ill-treatment” that attains a minimum level of severity and
involves actual bodily injury or intense physical or mental suffering.”
The Court notes that the Applicant has also not adduced any evidence that shows
he was subjected to any cruel, inhuman and degrading treatment or punishment by
the Respondent State during his detention. The Court will not hold that his
detention alone meets the required threshold of severity and intention established
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