in the Forensic Medical Reports were never challenged by the Respondent State. 189. The Respondent State has not refuted the allegations of torture or the harsh treatment to which the victims were subjected to. The African Commission has in many of its decisions held that facts uncontested by the Respondent State shall be considered as established.105 The fact that the victims were subjected to repeated electric shocks, beatings, prolonged hanging, binding and blindfolding and denied access to medical care violates their physical and psychological integrity. There was also no evidence whatsoever pointing to violent action from the victims themselves nor has there been any reported escape attempt by the victims to warrant holding them in such degrading and inhuman manner. 190. Article 5 prohibits not only torture, but also cruel inhuman or degrading treatment. This includes not only actions which cause serious physical or psychological suffering, but which humiliate the individual or force him or her against his or her will or conscience. The African Commission therefore holds that the action of the Respondent State constitutes a multiple violation of Article 5 of the African Charter. Alleged Violations of Article 7 and 26 191. The Complainants contend that the victims right to fair trial were violated in that;  they were tried by a Court that was not independent and impartial and whose decisions cannot be appealed;  105 their right to a counsel was not fully respected; Communication 25/89, 47/90, 56/91, 100/93 - Free Legal Assistance Group and Others v Zaire. 57

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents