the State.” See PTE ALIMI AKEEM Vs FEDERAL REPUBLIC OF NIGERIA.
ECW/CCJ/JUD/01/14.
c) In another case the Respondent was alleged to have carried out gruesome
acts where the Applicant was deliberately handcuffed, tied to a rifle that was
suspended between two chairs, before beating him with police baton and setting
a fire under his body in order to burn him like a piece of meat. Following this
action and while the Applicant was trying to set himself free, he fell into the fire,
had two fracture in his fore-arm and burns on his back which required surgery as
well as medical treatment over a long period. The Court held that;
“There is no doubt that this situation, as described above, by the Applicant was
likely to have inflicted upon his person, pains, sufferings, physical and mental
anguish, all in the bid to intimidate or obtaining information from him( because
they suspected him to be the author of a theft”.)
Thus, it should be concluded that the behaviour of Applicant’s aggressors, within
the premises of the Gendarmerie, falls within the understanding of the definition
of “torture” as provided under Article 1 of the UN Convention against Torture,
cruel, inhuman and degrading treatments or other punishments of 1984, thus
constituting a violation of the right not to be subjected to torture, cruel, inhuman
and degrading treatments or other punishments, as guaranteed under Articles 1
and 5 of the African Charter on Human Rights, 7 and 10 (1) of the International
Covenant on Civil and Political Rights, and 5 of the Universal Declaration of
Human Rights, as mentioned above.” See ALHOUSSEINE CAMARA VS REOUBLIC
OF GUINEA ECW/CCJ/DUD/18/19
55. The African Commission on Human & Peoples Rights.
The African Commission articulated the alleged acts of the Respondent in the
case herein under referred and accordingly decided they amount to torture both
physical and mental. Below are the list of actions perpetrated by the Respondent
against the victim.
1. He was subjected to prolonged electric shocks in the mouth, genitals, fingers,
toes and other parts of the body.
2. A chemical substance was applied onto his body.
3. He was forced to drink his own blood and urine apart from being urinated
upon by his tormentors while they chanted 'this is humiliation, this is humiliation.'
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