51. In analysing any allegation of torture, same is usually guided by the definition
of CAT which contemplates the following; intentional infliction of severe
physical or psychological distress by, or with the approval or acquiescence of,
government agents acting for a specific purpose, including to inflict punishment
or to obtain information or confession.
52. Common acts that have the potential to be classified as physical torture
include beating, electric shocks, stretching, submersion, suffocation, burns, rape
and sexual assault. On the other hand, Mental or psychological forms of torture,
which very often have the most long-lasting consequences for victims, are those
that cause disruptions of the senses or personality, without causing physical pain
or leaving any visible physical mark. These include; mock executions, mock
amputations, sleep deprivation; solitary confinement; fear and humiliation;
severe sexual and cultural humiliation, forced nudity, exposure to cold
temperatures, light deprivation.
53. The subject of torture is being of global concern has been dealt with
exhaustively in the jurisprudence of international human rights courts and
tribunals, such as the ECOWAS Court of Justice, the African Commission on
Human and Peoples’ Rights, the United Nations Committee against Torture, the
Inter-American Court of human rights and the European Court of Human Rights.
In determining this issue, we will rely on decisions of these international courts
and tribunals as they pertain to physical torture and mental torture.
54. The ECOWAS Court of Justice.
a) In a case where an applicant was held in the prison in what is known as the
‘violin’ position with very constrained movement and in total darkness, this Court
held that
“While this act of confining the Applicants in isolation in a small cell, with little
or no chance of movement or contact with anybody for twelve (12) days, is
without a doubt torture, a detention in a completely dark room for days will also
necessarily cause mental pain which may lead to a person affected to been
disillusioned as he/she will have no notion of day or night.” See MONGOUNGA &
Ors Vs REPUBLIC OF TOGO ECW/CCJ/JUD/32/19.
b) In another instant where the Applicant alleged physical torture during his
detention by the Military prison Makurdi- Nigeria, the Court held that; “torture
is strictly prohibited pursuant to the Charter ……..the prohibition of torture forms
part of the binding norms of international law which must not be transgressed by
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