"''"f.) 6�1:j,Efi ( mm• , Humao a;gnis our Collective Responsibility Human and Peoples' Rights particularly slavery, slave trade, torture, crnel, inhuman or degrading punishment, and treatment shall be prohibited. " Article 5 of the African Charter guarantees the right to respect inherent 1 14. human dignity and the recognition of one's legal status. It explicitly prohibits all forms of exploitation and degradation, including slavery, slave trade, torture, and cruel, inhuman, or degrading punishment or treatment. This interpretation indicates that Article 5 of the African Charter does not allow for any restrictions or limitations on the right to be free from torture and cruel, inhuman, or degrading punishment or treatment. The language in the Article indicates that this right is absolute and cannot be derogated under any circumstances. The Complainant asserts that the officials of the Respondent State 1 15. deliberately inflicted severe pain and suffering upon him through acts of physical assault and incommunicado detention. According to the Complainant, he endured severe mistreatment while in custody, which involved instances such as stomping on his right foot, burning his foot with cigarettes, forcibly crushing his finger with a padlock, and subjecting him to genital kicks. As a consequence of these acts, the Complainant encountered challenges in walking normally and suffered damage to one of his fingernails. The Complainant argues that these actions amount to acts of torture, thus violating Article 5 of the African Charter. 1 1 6. In the Article 19 case, the Commission held that the right to freedom from torture and cruel, inhuman, and degrading treatment cannot be subject to derogation. 27 This means that States cannot justify any actions that would infringe upon this fundamental right, regardless of the circumstances or reasons invoked. 1 17. The Commission's interpretation and jurisprudence reinforce the understanding that the right to be free from torture and cruel, inhuman, or degrading punishment is an absolute right protected by Article 5 of the African Charter. It is a non-derogable right that must be upheld and respected without any exceptions. 1 1 8. In assessing whether the alleged incommunicado detention and physical assault amount to torture, the Commission will carefully examine t and arguments presented by the Complainant. The Comrnissio �w'iJic,�HMyz1-<:--0 (t" / $'' 27 Ibid, 1 1 para 98 All Organ ol lhe African (r ·;� Union \.';.,, :;; ' . -� � «.;, ! z 26 African Com B hts ict, ambia Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a