i. That abuse, conditions of detention and incommunicado detention of the Victim constituted torture ii. The failure to provide safeguards against torture iii. The failure to conduct prompt, impartial and effective investigation of torture iv. Systematic deficiencies in domestic law and accountability structure i. Whether the alleged abuse, conditions of detention and incommunicado detention of the Victim constituted torture 202. The Complainants allege that the Respondent State violated Article 5 of the African Charter by subjecting the Victim to torture and other ill-treatment during his detention; holding the Victim in incommunicado detention; and due to the poor conditions of detention in violation of the Victim’s right to dignity. 203. The Complainants allege that while in detention, the Victim was regularly subjected to physical and psychological pain by state officials during his interrogations and for the purpose of punishment. The Complainants add that, the beatings served to diminish his spirit and render him more compliant in interrogations. 204. The Complainants submit that the Victim was beaten with fists and sticks; suspended from the ceiling by his wrists and ankles for extended periods; electrocuted including on his genitals after water had been poured on him; forced to strip down to his underwear; deprived of sleep; handcuffed and blindfolded for prolonged periods resulting in sensory deprivation; and that he was in constant fear of torture. The Complainants submit that the psychological pain, sense of helplessness and mistreatment was so severe that the Victim went on hunger strike and attempted to commit suicide twice. 205. The Complainants aver that the Victim was held in incommunicado detention for a prolonged period of time including the first six (6) weeks of his detention in 1995 and later for three months in 2008. They add that the Victim was handcuffed and blindfolded during much of the time he was held in incommunicado detention. 206. The Complainants also allege that the cells where the Victim was detained were small and frequently overcrowded, with up to 30 persons in a cell, which forced prisoners to sleep in shifts. The Complainants allege that many of the cells did not have access to sanitary facilities, lacked proper ventilation and were at times filled with sewage water. The Complainants add that the Victim at times had no access to fresh water. 207. The Respondent State does not address the specific allegations of torture and other ill-treatment by the Complainants, and only focuses on the alleged lack of evidence to corroborate the allegations. 208. In order to determine whether the alleged abuse, conditions of detention and incommunicado detention of the Victim took place in violation of Article 5, the Commission would first have to identify whether the alleged acts amount to 30