94,
It is this Convention (CAT) which, in its Article 1 (1), defines the concept
of “Torture” as:
“...any act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as obtaining from
him or a third person information or a confession, punishing him for an
act he or a third person has committed or is suspected of having committed,
or intimidating or coercing him or a third person,or for any reason based
on discrimination of any kind, when such pain or 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.”
(A similar definition can be found in Article 2 of the Inter-
American Convention to Prevent and Punish Torture).
95.
The African Commission has followed the same understanding, as can be
seen in the case SUDAN HUMAN RIGHTS ORGANISATION & CENTRE
ON
HOUSING
RIGHTS
AND
EVICTIONS
(COHRE)
v.
SUDAN,
Communication no. 279/03-296/05§156.
96.
And because everyone is entitled to the right to respect for the inherent
dignity of a human being and recognition of his/her legal status, the
prohibition of torture and cruel, inhuman
or degrading treatment or
punishment is absolute (see African Commission, GABRIEL SHUMBA v.
ZIMBABWE,
Communication
No.
288/04,
§167;
Human
Rights
Committee, General Comment No. 20, §3).
97.
As we have seen, Article 5 of the Charter aims to protect both the dignity
of the human person and the physical and mental integrity of the individual
and prohibits
not only
torture
but also
cruel,
inhuman
or degrading
treatment.
24
a