MERITS
The Complainants submission on the Merits
Alleged Violation of Article 5 of the African Charter
122. The Complainants submit that the acts of torture and ill-treatment
perpetrated upon the Victim, violates Article 5 of the African Charter,
which prohibits "[a]ll forms of exploitation and degradation of man
particularly slavery, slave trade, torture, cruel, inhuman or degrading
punishment and treatment".
123. The Complainants submit that the Commiscsion in interpreting Article 5
of the African Charter, referred to Article l .of the UN Convention
against Torture and other Cruel, Inhuman ,or Degrading Treatment of
Punishment (UNCAT),31 and .has drawn o:n
. · the jurisprudence of the
European Court of Hqman Rights on Artjcle 3 of the European
Convention on Human Rights3 2•
124.
The Complainants argue that as recognized by Article 1 of the
UNCAT, the European Court of Human Rights 33 and the jurisprudence of
the Commissi~n, psychological trea.t ment - such as death threats, instilling
fear, solitary confinement, and humiliation - may constitute torture or
cruel, inhuman or degrading treatment or punishment. As the
Commission has recognized, . the term 'cruel, inhuman or degrading
punishment or treatment' "is; to be interpreted so as to extend to the
widest possible protection against abuses, whether physical or mental" 34 .
Moreover, the Complainants argue that the Commission held that
'inhuman or degrading treatment "includes not
only action which