,(~~H·t '\ AC H P R , '. J (lJ"HW". African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility responsibility for the violations of Article 4. As such, the Commission finds that the Respondent State violated the provision of Article 4 of the African Charter. Alleged violation of Article 5 of the African Charter 118. The Complainants alleged that the Respondent State is responsible for torture and ill-treatment committed by its various forces in violation of Article 5. 119. Article 5 of the African Charter provides that: Even; individual shall have the right to the respect 0Lthe 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. A basic interpretation of the text shows that Article 5 of the African Charter not only guarantees respect for the dignity inherent in the human person but also guarantees the recognition of his or her legal status. It further prohibits all forms of exploitation and degradation of man or woman, including slavery, slave trade and torture, cruel, inhuman or degrading JJ,unishment and treatment. 120. This implies that Article 5 of the African Charter permits no restrictions or limitations on the right to be free from torture and cruel, inhuman or degrading punishment or treatment. In the Article 19 case,36the Commission held that the right to freedom from torture and cruel, inhuman and degrading treatment, cannot be derogated from for any reason, in whatever circumstances. 121. The Commission, in Mouvement Burkinabe des Oroits de l'Homme et des Peuples v Burkina Faso (Mouvement Burkinabe case),37noted that any act resulting in the forced disappearance of a person prevents the victim from the protection of the law and causes immense suffering to that person and his or her family.38In this case, the Complainants submitted that the enforced disappearance of individuals in South Kordofan and Blue Nile constitute a violation of Article 5, both of the right of the person forcibly disappeared and the right of his or her family members to be free from torture or inhuman and degrading treatment. 122. The Commission also notes that the enforced disappearance of identified and unidentified individuals in South Kordofan and Blue Nile constitute a violation of 123. 24 An Org<)rI of the Afriqan (' ~~ Union ",,:j