communications detail instances of torture, and cruel, inhuman and degrading treatments. During their time in custody, the detainees were beaten, they were forced to make statements, and they were denied the opportunity of sleeping. Both during the trial as well as the period of arbitrary detention, some of the prisoners were held in solitary confinement. The conditions of detention were, at the very least, bad: the prisoners were not fed; they were kept in chains and locked up in overpopulated cells lacking hygiene and access to medical care; some were burnt or buried in sand and left to die a slow death; electrical shocks were administered to their genital organs and they had weights tied on to them; their heads were plunged into water to the point of provoking suffocation; pepper was smeared on their eyes and some were permanently kept in small, dark (or underground) cells which got very cold at night. 163. The African Commission noted that the Government of Mauritania did not produce any argument to counter these facts. The Commission said taken together or in isolation, these acts are proof of widespread utilization of torture and of cruel, inhuman and degrading forms of treatment and constitute a violation of Article 5. 164. In the present matter the African Commission wishes to state that every individual should have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. The prohibition of torture, cruel, inhuman or degrading treatment or punishment is absolute. It notes that Principle 1 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides: All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person. Further, Principle 6 states: No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment. It is worth noting that the term 'cruel, inhuman or degrading treatment or punishment' is to be interpreted so as to extend to the widest possible protection against abuses, whether physical or mental. 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 to act against his will or conscience. 165. The treatment, thus, meted out to the Victim in the matter under consideration constitutes a breach of the provision of Article 5 of the African Charter and the relevant regional and international human rights instruments. The African Commission also notes the response of the Respondent State on page 2 of its Merit submissions that if indeed the Victim was tortured to the extent he describes, this should clearly have been visible on his first day in court. Is it an admission that the Victim was tortured, but not to the extent described by the Complainant? 166. In Communications 137/94-139/94-154/96-161/97: International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interights (on behalf of Ken Saro-Wiwa Jnr.) v Nigeria,29 International PEN alleges that Ken Saro-Wiwa was kept in leg irons and handcuffs and subjected to ill-treatment including beatings and being held in cells which were airless and dirty, then denied medical attention, during the first days of his arrest. There was no evidence of any violent action on his part or escape attempts that would justify holding him in irons. The Government of Nigeria made no written submission in these cases, and has not refuted these allegations in its oral presentation. The African Commission stated that it is well-established jurisprudence of the Commission that where allegations go entirely unchallenged30 , it will proceed to decide on the facts presented.31 The African Commission held a violation of Article 5 of the Charter. The African Commission, 167. Declares that the Respondent State has violated the right of the Victim not to be tortured and ill-treated as recognized in Article 5 of the African Charter. Alleged Violation of Article 6 - right to personal liberty and protection from arbitrary arrest. Article 6 of the African Charter states: Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. 168. The Complainant argues that the Victim's right to liberty was contravened when he was unlawfully 21