5" Applicants suffered from chronic physical issues as well as heavy symptoms of post-traumatic stress disorder. The physical and psychological findings when considered separately and together are highly consistent with the act of torture and ill-treatment that they allege. This report has not been contested by the Defendant and in the absence of any refute, this amounts to an admission. In Musa Saidykhan V. Republic of the Gambia 2010 CCJELR pg 178 para. 41 this Court observed that the evidence of the Plaintiff on the wounds was direct and credible enough for this court to accept it. The Court therefore found as a fact that the Plaintiff suffered physical injuries as he testified to. The Court also found that he underwent medical treatment in Dakar. Above all, the 5" Defendant escaped into exile and could not have been expected to exercise the higher burden of proof than the one allowed by the circumstance. Burden of proof is not a static concept and must be circumscribed by the circumstances of each case. Also in Eci and others V. Turkey 23145/93 13" November 2003 the European Court on Human Rights noted the consistency of the allegations made by the Applicants that they were insulted, assaulted, stripped naked and hosed down with freezing cold water and found that the Applicants had suffered physical and mental violence at the hands of the gendarmerie during their detention. Furthermore, the 59