98.
This includes not only actions that cause serious physical or psychological
suffering, but which humiliate the individual or force him/her to act against
his/her
will
or
conscience
(See
the
aforementioned case
GABRIEL
SHUMBA v. ZIMBABWE, Communication No. 288/04, §164, PTE ALIMU
AKEEM
vy.
FEDERAL
REPUBLIC
OF
NIGERIA,
Judgment
No.
ECW/CCIJ/JUD/01/14, §50).
99.
From the above and following the definition ofthe concept of Torture given
by the aforementioned Convention, it is possible to extract 3 essential
elements for an act to be qualified as torture: 1-Infliction of severe mental
or physical pain or suffering; 2-For or with the consent or acquiescence of
State authorities; 3-For a specific purpose, such as obtaining information,
punishment
or
OBLIGATIONS
intimidation
UNDER
(See
THE
HANDBOOK
UN
ON
CONVENTION
STATE
AGAINST
TORTURE, pg. 24).
100.
This understanding was also accepted by this Court in the case, MR. NOEL
MIAN
DIALLO
v. FEDERAL
REPUBLIC
OF
NIGERIA
& ANOR,
Judgment No. ECW/CCJ/JUD/14/19, pp.13 and 14 and also in the case
HON.
JUSTICE
ALADETOYINBO
v.
FEDERAL
REPUBLIC
OF
NIGERIA, Judgment No. ECW/CCJ/JUD/18/20, § 66).
101.
In the case AIRCRAFTWOMAN BEAUTY IGBOBIE UZEZI v. FEDERAL
REPUBLIC OF NIGERIA, Judgment No. ECW/CCJ/RUL/01/21, pg. 50
this Court, following international jurisprudence, considered that “(...)
Rape is an act that causes severe pain and suffering to the victim and
amounts to torture” (See §46-48) and concluded with an understanding
that “rape and sexual violence amount to torture and ill-treatment” (See
also the case MARY SUNDAY c. FEDERAL REPUBLIC OF NIGERIA.
Judgment No. ECW/CCJ/JUD/1 1/18).
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