164.
Article 5 of the African Charter provides that" ... all forms of ... torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited".
165.
According to the Complainants, the demolition of their home, destruction of trees
and other properties belonging to them, chasing them away from their home
without prior official notice or court order, as well as the intimidation, abuse, death
threats, abduction and torture of their lawyer by pressing his thumb severely with a
plier, in order to force him to cease seeking hearing of the case, violates Article 28(1)
of South Sudan's Constitution, and constitutes a violation of Article 5 of the Charter
which prohibits torture, cruel and inhuman treatment.
166.
The Commission notes that the Complainants support this claim by alluding to the
Commission's decision in John Modise v. Botsuianaw, and that they also reference
the Commission's General Comment No. 4 on the African Charter: Redress for
violation of Article 5.
167.
In this regard, the Commission reiteratesits view set out in the General Comment 4
on Article 5 of the African Charter that" ... that.there is a mutually reinforcing link
between the right to dignity and the absolute' prohibition of torture and other illtreatment." Also, it notes that Articles 11 and 18 of the Constitution of South Sudan
protects the right to dignity and integrity.of persons arjd prohibits torture.
168.
Also, the Commission factors in the definition of torture by the Convention Against
Torture and Other Cru~kqr-Inhuman or DegradingTreatment (CAT) reiterated in its
Resolution+' 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 :llJiththe consent or acquiescence of a public official or other person
acting ift'an official capadriJII42
169.
Further, the Commission recalls its jurisprudence in International Pen,
Constitutional Rights Project, Interights (on behalf of Ken Saro-Wiwa) v. Nigeriav
where it held that the prohibition of torture, cruel, inhuman or degrading treatment
includes actions which cause serious physical or psychological suffering (or)
humiliate the individual or force him or her to act against his or her will or
conscience.