The Plaintiff’s case in a nutshell is that, on his way to Nigeria from Togo through
the borders of the Defendant, the officers of the Defendant violated his rights to
dignity, freedom from degrading treatment and torture wherein, they jointly
assaulted him using their boots to pound on his chest until he began to vomit blood
for failure to meet their demand for the sum of 300 CFA as gratification before he
can pass through the border.
The Defendant in response denies the allegations and states that no physical pain
was inflicted on the Plaintiff by the Police officers. They contend that a treatment is
said to be inhuman, when it is applied with premeditation for a long period, and if it
causes body injuries, actual pain or physical and mental torture, which in the instant
case are not justified as the said medical certificate the Plaintiff presented was issued
four days after the incident occurred. The Defendant therefore, puts the Plaintiff to
the strictest proof of the said allegations. The Defendant equally called oral evidence
in which the allegations were denied.
On allegation of physical assault:
Article 5 of the African Charter on Human and Peoples’ Rights provides:
“Every individual shall have the right to the respect of 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.”
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