Court found that such ill-treatment caused them severe pain and suffering and was
particularly cruel in violation of Article 3 of the convention which must be regarded
as constituting torture.
This Court having examined
all the circumstances which arose in the physical
infliction of pain meted out on the 4" and 5" Applicants by the NIA officials, which
includes but not limited:to the use of electric shocks on the forehead and testicle,
extinguishing of cigarette on their bodies, and the brutal beatings, takes into account
the degree of intensity of physical and mental pain suffered by them.
In view of the foregoing, the court therefore holds that, the acts of the officials of the
Defendant
during
its interrogation
amounted
to both
inhuman
and
degrading
treatment. Consequently, the Court finds that the Defendant violated Article 5 and 7
of the African charter and the ICCPR respectively.
From
the totality of evidence
before this Court,
it appears
established a case of infringement on their rights to freedom
the
applicants
have
of expression and
torture as the case may be and the Court so hold.
DECISION:
The Court
adjudicating in a public sitting after hearing the Parties in the last resort
and after deliberating in accordance with law.
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