95. The Court recalls that, as it has previously held, in making a general
assessment as to whether the right to dignity protected by Article 5 of the
Charter has been violated, it considers three main factors. First, Article 5
has no limitation clause. The prohibition of indignity inflicted through cruel,
inhuman and degrading treatment is thus absolute. Second, prohibition
must be interpreted to afford the widest possible protection against abuse,
whether physical or psychological. Lastly, personal suffering and indignity
can take various forms and their assessment will depend on the
circumstances of each case.15
96. The Court further considers that acts of exploitation, degradation, torture or
cruel, inhuman or degrading treatment which violate human dignity must be
of a certain level of gravity and must have been carried out to such an extent
to cause the victim grave suffering or humiliation, thus bringing them
shame.16 The distinction is therefore based on the difference in the intensity
of the suffering or the threshold of intolerable suffering intentionally inflicted
on the victim.17
97. In the instant case, the Applicants do not demonstrate how the failure to pay
them compensation for the loss of their rights brought them humiliation,
shame or grave suffering to the extent of breaking their physical or moral
resistance. They also do not demonstrate how the alleged death of the
family members was linked to the non-payment of the compensation
amount awarded them by the courts.
98. The Court therefore finds that the Respondent State did not violate the
Applicants’ right to dignity.
15
Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (2019) 3 AfCLR 13, § 88;
See also John Modise v. Botswana, Communication No. 97/93 (2000) AHRLR 30 (ACHPR 2000), para
91.
16 Sébastien Germain Ajavon v. Republic of Benin (merits) (2019) 3 AfCLR 136, § 254. See also Media
Rights Agenda v. Nigeria, Communication No. 224/98 (2000) AHRLR 262 (ACHPR) 2000), para 71
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