146. Furthermore, the Applicants submit that during the interrogation at the police
station, they were beaten with “fists, rungu, kicks, butts of guns” and forced
to sign confession statements they did not agree with recorded in a
language they did not understand (Kiswahili). The Second Applicant also
avers that following a second interrogation after the identification parade,
he was shown three skulls and taunted that they belonged to people killed
by police, and that a similar fate would befall him if he refused to sign the
statement.
*
147. The Respondent State did not address this allegation.
***
148. Article 5 of the Charter provides as follows:
Every individual shall have the right to the respect of the dignity
inherent in a human being and to the recognition of his legal status. All
forms of exploitation and degradation of man, particularly slavery, slave
trade, torture, cruel, inhuman or degrading punishment and treatment
shall be prohibited.
149. The Court recalls its jurisprudence on the definition of torture in Alex
Thomas v. United Republic of Tanzania, 68 and set out in Article 1 of the
United Nations Convention Against Torture that:
“…For purposes of this Convention, the term “torture” means 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
68
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 144.
43