134. As to the sentence of twelve (12) strokes of the cane, the Court observes that the Charter does not provide a definition of torture, cruel, inhuman and degrading treatment or punishment. The Court recalls, however, that in Alex Thomas v United Republic of Tanzania34 it endorsed the Commission’s adoption of the definition of torture as set out in Article 1 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which is as follows: 1. For the purposes of this Convention, the term “torture” means 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 with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.” 135. The Court further notes, that that the prohibition of torture, cruel, inhuman and degrading treatment or punishment is to be interpreted as widely as possible to encompass the widest possible array of physical and mental abuses and must include “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”.35 The Court observes that it is the severity of the mental or physical pain which is inflicted on a person that makes conduct to amount to cruel, inhuman and degrading treatment or punishment.36 34 Alex Thomas v. Tanzania, §§ 145-146. See Spilg and Mack & Ditshwanelo (on behalf of Lehlohonolo Bernard Kobedi) v. Botswana, Communication 277/2003, (2011) ACHPR 2011. 36 Alex Thomas v Tanzania § 145. 35 31