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.

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