materials42 provides compelling, credible and consistent evidence corroborating
the allegations of torture and ill-treatment of the Victim.
217. The acts of torture inflicted on the Victim were observed to be synonymous
with the methods of torture identified in the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol)43 which include:44
blunt trauma, such as a punch, kick, slap, a beating with truncheons;
positional torture, using suspension, stretching limbs apart, prolonged
constraint of movement, forced positioning; and
electric shocks.
218. Notably, the Commission has, in its jurisprudence, found that acts
characterised amongst other things by severe beatings, credible threats and sleep
deprivation resulted in severe physical and mental pain and suffering.45
219. Consequently, in consideration of the cumulative elements for an act of
torture to take place, the methods of torture described under the Istanbul
Protocol, and its jurisprudence on Article 5 of the Charter, the Commission finds
that the Victim’s beatings, suspension from the ceiling, and electrocution
amounted to torture.
220. The Commission recognises that distinguishing between acts of torture and
acts of cruel, inhuman or degrading treatment or punishment (ill-treatment)
raises difficulties. It notes in this regard that the UN Committee against Torture
has observed that the definitional threshold between ill-treatment and torture is
often not clear.46 Thus, whilst noting that each situation is distinct, the
Commission endorses the common understanding that ill-treatment is
differentiated from torture by the degree of suffering involved, the intention of
the perpetrator, and the victim’s vulnerability and powerlessness.47
221. In light of the above and since, in the instant case, the Commission has made
a finding that acts of torture were inflicted on the Victim, it considers it
unnecessary to make a finding on the lesser violation of ill-treatment.
Fn 35 above.
The 1999 Istanbul Protocol was developed to serve as an international guideline for the assessment
of persons who allege torture and ill-treatment, for investigating cases of alleged torture, and
reporting findings to the judiciary or any other investigative body. The Manual includes principles for
effective investigation, and minimum standards for effective documentation of torture.
44
Istanbul Protocol, para 145.
45
Communication 379/09 - Monim Elgak, Osman Hummeida and Amir Suliman v. Sudan (2015) ACHPR
para 99.
46
See UN Committee against Torture, General Comment No. 2: Implementation of Article 2 by State
Parties (2008), para 3.
47
See UN Voluntary Fund for Victims of Torture “Interpretation of Torture in the light of the practice
and jurisprudence of international bodies” (2011) pp. 6 – 8; Redress “The Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment: A Guide to Reporting to the
Committee against Torture” (2018) pp. 10 – 11.
42
43
33