161.
In the present Communication it has not been shown how the victim was
denied the enjoyment of any of the Charter Rights based on his ethnic group,
color, sex, language, religion, political or any other opinion, national and social
origin, fortune, birth or other status. It has not also been shown how the victim
was accorded differential treatment or how the victim was discriminated against
by the Respondent State in anyway. Apart from making general conclusions, the
Complainants did not sufficiently present facts and evidence that would
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convince the African Commission of any violation of Articles 2 and 3 of the
African Charter. The African Commission therefore finds that there was no
violation of Articles 2 and 3 of the African Charter.
Alleged Violation of Article 5
162.
According to Article 5 of the African Charter “every individual shall have the
right to the respect of the 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”.
163.
Although the African Charter fails to provide any definition of torture, cruel,
inhuman or degrading treatment, the African Commission in its jurisprudence45
has found that the prohibition of torture, cruel, inhuman or degrading treatment
includes “actions which cause serious physical or psychological suffering (or)
humiliate the individual or force him or her to act against his or her will or
conscience”.
45 See International Pen, Constitutional Rights Project, Interights (on behalf of Ken Saro-Wiwa) v. Nigeria (Comm. nos 137/94,
139/94, 154/96 and 161/97), para. 79.
44
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