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…” 150. Furthermore, Article 12 provides that “Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction”. 151. The Court takes into consideration, the African Commission’s Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa,69 which states that torture can take various forms and determining whether a right was breached will depend on the circumstances of each cause.70 152. Furthermore, it recalls its jurisprudence that the prohibition of cruel, inhuman and degrading treatment under Article 5 of the Charter is absolute.71 It notes that the allegations being examined relate to the alleged beatings by the police authorities during and after the arrest to force a confession of guilt and death threats of death by the same State authorities. 153. The Court notes from the record of proceedings, that counsel for the First Applicant informed the Court that his client was a refugee, that he was beaten and that he did not speak Kiswahili.72 The Court further notes that the police brutality was reported to the District Magistrate by the Applicants, who examined the Applicants and took a record of the wounds and body scars. 69 The African Commission adopted these guidelines in 2008; the Guidelines are commonly known as the Robben Island Guidelines. See also Application 288/04 Gabriel Shumba v. Zimbabwe Decision of 2 May 2012, §§ 142 to 166. 70 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 131. 71 See Huri-Laws v. Nigeria Communication 225/98 (2000) AHRLR 273 (ACHPR 2000) para 41; Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 131. 72 Record of Proceedings, page 31/16. 44