(fPf). ACHPR . . . African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility Province of North Kivu in order to require the State to fulfil its obligation to pay the compensation awarded to the Complainant by the OMT. In light of this and the date of receipt of the Complaint, the Commission considers that the condition under Article 56(6) of the African Charter has been met. 4. Finally, with regard to Article 56(7), the Commission based itself on the information submitted by the Complainants to find that the Communication did not concern a case that had been settled in accordance with the principles of the United Nations Charter or the Constitutive Act of the African Union, or the African Charter. It therefore concludes that the condition set out under Article 56(7) of the African Charter has been met. Commission's Decision on Admissibility 5. Based on the foregoing and after analysis of the Complainant's submission, the Commission declares the Communication Admissible. Merits Complainant's Arguments on Merits 6. The Complainant alleges a violation of Articles 1, 2, 5, 7, 14 and 18 (3) of the African Charter, and Articles 2, 4(2)(£),8, 11 and 25 of the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol), for which it has submitted the following submissions and arguments on the merits. Alleged Violation of Article 5 of the African Charter 7. The Complainant first refers to the definition of torture under Article 1 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which the African Commission» refers and Article 5 of the African Charter which prohibits all forms of "physical or mental torture, cruel, inhuman or degrading treatment or punishment". It adds that the African Commission also relied on the jurisprudence of the European Court of Human Rights (ECtHR)7, according to which torture is characterized by "deliberate inhuman treatment causing severe and cruel suf£ering"8 . An Orean of ihe Afriqanf ..··J'l Union "'...~ Page 10 on 32