Inflicting severe physical or mental pain or suffering
Doing so deliberately
For any of the following reasons
To obtain information or a confession from the person being tortured or
from someone else
To punish that person for something they, or another person, has done or
is suspected of having done
To intimidate or coerce that person or another person
For any reason 'based on discrimination'
67. The relevant points in understanding the nature of torture are that the act
complained of need not be physical with accompanying visible signs, it admits of
other acts with the capacity to affect the mental faculties of the victim by causing
amongst others severe mental delusion coupled mostly with fear, anguish and
suffering. Additionally, such act must be inflicted by a public officer acting in an
official capacity and carrying on same with the required intention. The situ of the
act is of no consequence.
68. In the instant case to address the allegation of torture by the Applicant, the
Court recalls that he alleged that following the decision to issue him a warning
and as well as put him on a judicial watch list and its wide publication, the
Applicant said he suffered grave and grievous perversion of justice that had
mentally tortured him, traumatized and demoralized him and these amounts to
violation of his freedom from torture particularly mental torture.
69. The Court having imputed the facts as pleaded by the Applicant to the
components of torture listed above, notes that they do not support the allegation
of torture. As a start there is no indication that the alleged pain and suffering was
intentionally inflicted by the Respondent, nor that same was inflicted for specific
purpose(s) such as to obtain information, to punish, or to intimidate, or for any
reason based on discrimination; neither is there evidence to support that the act
(the publication), was carried out by or at the instigation of, or with the consent
or acquiescence of State authorities.
70. In this wise, the court comes to the inevitable conclusion that the act of the
Respondent in publishing the warning letter does not meet the criteria for torture
and thus hold that the right of the Applicant to be free from torture was not
violated by the Respondent.
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