243. By the tenor of these provIsIOns in relation to the specific allegations of incommunicado detention and torture in this Communication, the African Charter guarantees the security and dignity inherent in a human being, and prohibits all forms of degradation of the person, particularly torture, cruel, inhuman or degrading treatment. Torture is one of the most egregious and morally reprehensible human rights abuses prohibited by most democratic societies. Under the African Charter, like the Convention Against Torture, the prohibition of torture is absolute and non-derogable and applies even in the most difficult of circumstances including public emergencies.s- 244. In Abdel Hadi, Ali Radi and Others v Sudan/> the Commission considered that "the term cruel, inhuman or degrading treatment or punishment is to be interpreted so as to extend to the widest possible protection against abuse, whether physical or mental.s+ As such, in interpreting Article 5 of the African Charter in specific regard to torture, the Commission adopted the definition provided in CAT.45 I 245. In Sudan Human Rights Organization andAnother v Sudan, the Commission set out the elements that constitutes torture, namely: severe pain or suffering has to have been inflicted, for a specific purpose, such as to obtain information, as punishment or to intimidate, or for any reason based on discrimination; by or at the instigation of or with the consent or acquiescence of state authorities.w 246. In casu, while there is ample evidence of detention, the allegations of torture have hardly been substantiated. The Complainants submitted that allegations of widespread and routine use of torture by Ethiopian authorities against individuals critical of the Government or suspected of opposing the Govermnent have been documented by various human rights bodies, including the Commission and the Committee Against Torture.V They rely on Exhibit 7, which is a translated version of local court proceedings attached to their submissions on the merits, but no actual decision of a finding of torture was furnished. No compelling proof or expert evidence was submitted to buttress the allegation of torture. 247. In the absence of any proof that the Complainants were subjected to severe pain or suffering in order to obtain information, such as punishment or to intimidate, or for any reason based on discrimination, by or at the instigation of or with the consent or acquiescence of state. authorities, the Commission cannot speculate that the Complainants were subjected to torture while in the custody of the Respondent State. 248. However, with regard to the deprivation of the Complainants' liberty under the AntiTerrorism Proclamation No. 652/2009, the fundamental consideration is whether the action taken by the Respondent State was reasonably justifiable under the African Charter. In casu, the principal complaint of the Complainants is that the Respondent State Communication 368/09 - Abdel Hadi, Ali Radi & Others v Republic of Sudan, (2013) para 69. Communication 368/09 - Abdel Hadi, Ali Radi & Others v Republic of Sudan, (2013) para 75. 44 Communication 224/98 - Media Rights Agenda v Nigeria (2000) ACHPR para 71. 45 Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, CJ;uel,lnhuma 1 <1t\ Degrading Treatment of Punishment in Africa (Robben Island Guidelines) adopted by th ~omn1ission iIi October 2002, Article 4. ~ ,~ 46 Communication 279/03-296/05 - Sudan Human Rights Organization and Center for Ho fig Rights1ana Evictions v Sudan, (2009) ACHPR paras 255 & 156. ~ AU,U"_ 47 Complainants Submission on the Merits, page 63. ~ 42 43 ); ":,