punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” In the case of Loayza Tamayo V. Peru judgment of September 17, 1997. Series C No. 33, para 57, the Inter-American Court held that: “the violation of the right to physical and psychological integrity of persons is a category of violation that has several gradation and embraces treatment ranging from torture to other types of humiliating or cruel, inhuman or degrading treatment with varying degrees of physical and psychological effects caused by endogenous and exogenous factors which must be proven in each specific situation. The European Court of Human right has declared that, even in the absence of physical injuries, psychological and moral suffering, accompanied by psychic disturbance during questioning, may be deemed inhuman treatment. The degrading aspect is characterized by the fear, anxiety and inferiority induced for the purpose of humiliating and degrading the victim and breaking his physical moral resistance”. With regards to the 4th and 5th Applicant’s claim, the 4th Applicant stated that he was locked up in a dark cell with no windows called a crocodile hole. While in detention, he was severely tortured and attacked by” Jungulars” i.e. President Jammeh’s personal para-military security force. These men brutally beat him repeatedly to the point of being unconscious on two consecutive nights. They attempted to break his 52