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… 65. Furthermore, Article 12 of the CAT 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. 66. The Court finds it relevant to refer to 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,25 which states that torture can take various forms and determining whether a right was breached will depend on the circumstances of each cause.26 67. The Court further recalls its case-law that the prohibition of cruel, inhuman and degrading treatment under Article 5 of the Charter is absolute.27 68. In the present Application, the allegation being examined relates to the the Applicant’s beating by the police authorities during his arrest after his confession. From the record of domestic proceedings, the Court notes that the Justice of the Peace conducted a physical examination of the Applicant before he recorded the Applicant’s statement and observed that there were wounds on his mouth. 69. The Court, based on these considerations, is of the view that the beating of the Applicant by the police authorities in the circumstances constitutes cruel, inhuman and degrading treatment prohibited under Article 5 of the Charter. 25 The Guidelines commonly known as the Robben Island Guidelines were adopted in 2008. See also Communication 288/04 Gabriel Shumba v. Zimbabwe, Decision of 2 May 2012, §§ 142 to 166. 26 Guehi v. Tanzania (merits and reparations), supra, § 131. 27 See Huri-Laws v. Nigeria Communication 225/98 (2000) AHRLR 273 (ACHPR 2000) para 41; Guehi v. Tanzania, supra, § 131. 18