94, It is this Convention (CAT) which, in its Article 1 (1), defines the concept of “Torture” as: “...any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, 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.” (A similar definition can be found in Article 2 of the Inter- American Convention to Prevent and Punish Torture). 95. The African Commission has followed the same understanding, as can be seen in the case SUDAN HUMAN RIGHTS ORGANISATION & CENTRE ON HOUSING RIGHTS AND EVICTIONS (COHRE) v. SUDAN, Communication no. 279/03-296/05§156. 96. And because everyone is entitled to the right to respect for the inherent dignity of a human being and recognition of his/her legal status, the prohibition of torture and cruel, inhuman or degrading treatment or punishment is absolute (see African Commission, GABRIEL SHUMBA v. ZIMBABWE, Communication No. 288/04, §167; Human Rights Committee, General Comment No. 20, §3). 97. As we have seen, Article 5 of the Charter aims to protect both the dignity of the human person and the physical and mental integrity of the individual and prohibits not only torture but also cruel, inhuman or degrading treatment. 24 a

Select target paragraph3